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Legal Challenge to Union Election Rule May Turn on Substance (1)

March 9, 2020, 6:42 PMUpdated: March 9, 2020, 10:58 PM

Organized labor’s legal challenge to changes to the NLRB’s union election framework will require a federal judge to look past the agency’s claim that a new rule is merely procedural and probe what it actually does, according to administrative law scholars.

The AFL-CIO filed a lawsuit March 6 in the U.S. District Court for the District of Columbia arguing the National Labor Relations Board violated administrative law by issuing a substantive rule without going through the full notice-and-comment rulemaking process. The regulation to modify the board’s procedures for union elections, set to take effect April 16, extends deadlines and adds...

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