We’ve been following the NLRB’s controversial changes to union election case procedures. The proposed rules—which strip employers’ of their rights to litigate many issues in a hearing, limit parties’ appellate rights, and have the potential to dramatically decrease the time between the filing of a union election petition and the election—are currently set to take effect April 30, 2012.

Yesterday, Republicans in the House and Senate introduced resolutions to block the Board’s controversial rule changes. Senate Joint Resolution 36 (introduced by Senator Enzi) and House Joint Resolution 103 (introduced by Congressman John Kline) seek to block the rule under the Congressional Review Act, which allows Congress to prevent federal agencies from implementing rules and regulations in certain instances.

The rules are also being challenged in the United States District Court for the District of Columbia by the Chamber of Commerce and the Coalition for a Democratic Workplace. The parties have moved for summary judgment and are awaiting a ruling from the court.

We are monitoring these and other challenges to the Board’s attempts to expand its power through rulemaking and will continue to report on them.

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Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.