Court Rejects ABC’s Challenge to Ambush Rule
On June 10, 2016, the 5th Circuit Court of Appeals issued a decision rejecting ABC’s challenge to the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule. ABC General Counsel Maury Baskin of Littler Mendelson P.C., Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB) Texas on March 3 in New Orleans.
“ABC is disappointed with the decision,” said ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “By affording excessive discretion to Regional Directors, the NLRB made it very difficult to mount a successful facial challenge to the new rule. However, we are exploring our appeal options and, depending on how that discretion is exercised, an “as-applied” challenge on a case-by-case basis may be successful.”
“ABC is prepared to assist members challenging this failed N ...