Judge strikes down union election rules

AP via SFGate ^ | 5/14/12 | SAM HANANEL, Associated Press

[SmithL]

A federal judge on Monday struck down new regulations governing union elections, saying the National Labor Relations Board did not follow proper voting procedures when it approved the rules last year.

U.S. District Judge James Boasberg said the board never had a quorum when it voted on the rules that speed up the pace of union representation elections. He did not address the merits of the rules and said the NLRB could simply take a new vote to approve them.

Business groups and Republicans had vigorously challenged the rules, which took effect April 30, claiming they didn't give company managers enough time to counter union organizers. Unions contend the new rules curb needless litigation that companies use to stall the election process.

But Boasberg's decision focuses only on a technical problem. At the time the rules were approved in December, the five-member board only had three members — two Democrats and one Republican. Federal law requires a quorum of at least three board members to consider new rules.

. . .

The NLRB now has a full contingent of five members after President Barack Obama bypassed the Senate in January to fill three vacant seats. But Republicans have challenged those appointments,

[SmithL]

Boasberg, James Emanuel

Born 1963 in San Francisco, CA

Federal Judicial Service:
Judge, U.S. District Court for the District of Columbia
Nominated by Barack Obama on January 5, 2011, to a seat vacated by Thomas F. Hogan. Confirmed by the Senate on March 14, 2011, and received commission on March 17, 2011.

Education:
Yale College, B.A., 1985
Oxford University, M.St., 1986
Yale Law School, J.D., 1990

Professional Career:
Law clerk, Hon. Dorothy W. Nelson, U.S. Court of Appeals for the Ninth Circuit, 1990-1991
Private practice, San Francisco, California, 1991-1994
Private practice, Washington, D.C., 1995-1996
Assistant U.S. Attorney, District of Columbia, 1996-2002
Associate judge, District of Columbia Superior Court, 2002-2011

[TribalPrincess2U]

I wonder how many judges 0 has had the opportunity to acquire?
Acquire meaning one that will do his bidding.

[jimfree]

Smile.

[hosepipe]

All Unions are parasitical in every way.....

Exactly like Mosquitoes, tape-worms, intestinal worms, lice, ticks, fleas or leeches..

and in some places like Vampire Bats..

[muawiyah]

These guys who accepted appointments from Obama are ruint ~ they'll never be able to retire and write a book ~ no one would want to read it

They can't get back into private practice with any clients who have a need for a trustworthy lawyer either.

[RedMDer]

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