Employers Strike Back … Additional Complaint Filed Against NLRB

On January 13th, a second U.S. District Court complaint was filed in response to the National Labor Relations Board’s (NLRB) issuance of its tyrannical “Quickie Election Rule.” The Associated Builders and Contractors of Texas Inc., joined by the ABC’s Central Texas Chapter and the National Federation of Independent Business/Texas, sought injunctive and declaratory relief from the Western District of Texas, furthering the U.S. Chamber of Commerce’s compelling arguments as to why the Board’s “Quickie Election Rule” should be declared unlawful and set aside.


Consistent with the previous challenge, the Texas complaint correctly cites, in addition to the Rule’s arbitrary and capricious nature, the following grounds for the Rule’s illegitimacy: (1) Implementation of the new rule exceeds the Board’s statutory authority under Section 9 of the National Labor Relations Act (the Act); (2) The disclosure of employees’ personal information, such as their names, job duties, personal phone numbers, and email addresses, is an invasion of privacy, and thus in violation of Section 9(b) (this requires the Board to “assure to employees the fullest freedom in exercising the rights guaranteed by [the] Act”); and (3) Because of the heavily expedited election procedures, it violates Section 8(c) by dangerously interfering with the parties’ rights to free speech and open debate.


Click here for details on the recent complaint.

For a detailed version of the NLRB complaint please click here ABC-NFIB v NLRB- Complaint.


One thing is certain regarding the Board’s radical revamp of the Act – it advances the Act’s purpose by promoting collective bargaining. The real question is whether that policy will overshadow an Employer’s rights to due process and free speech during the “critical period.” With more complaints sure to follow, the months leading to April will prove to be a critical, national debate that may conclude with considerable transformations in labor policy and employer decision making.



Stay tuned …


Best regards,
Andrew J. Lammers, J.D.


Adams, Nash, Haskell & Sheridan

(703) 395-3843