Federal Labor Board Used Flawed Data to Back Union Election Rule

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, ...