Bloomberg Law
Dec. 5, 2019, 11:01 AM

Federal Labor Board Used Flawed Data to Back Union Election Rule

Alex Ebert
Alex Ebert
Staff Correspondent
Hassan A. Kanu
Hassan A. Kanu
Legal Reporter

The National Labor Relations Board used flawed data to support a rule change that would reduce unions’ power to defend against anti-labor campaigns, a Bloomberg Law analysis found. Deficiencies in the data could weaken the board’s defense in a legal challenge, two administrative law professors said.

The Republican members of the NLRB want to revamp the so-called blocking charge policy that has been in place for eight decades, which pauses elections to approve or de-certify a union when unfair labor practices are alleged. At the heart of their argument is time: They contend, in a proposed rule released in August, ...

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