Rick Warren was quoted in the article "NLRB Court Wins Won't Quell Election Rule Challenges."
"I think employers are going to be able to lay the groundwork for challenges," Ford & Harrison LLP partner Rick Warren said.
Although the judges in the parallel district court challenges have said the statutory and constitutional challenges brought by the U.S. Chamber of Commerce in D.C. and Associated Builders and Contractors of Texas Inc. and other plaintiffs in Texas were lacking, there's still the question of suits brought by employers after application of the quicker election process, he said.
There will be these as-applied suits over the NLRB election rule, and they'll be very fact-specific to a given situation, Warren said. The suits will look at a regional director's decision in representation cases and examine if the decisions are arbitrary and capricious, chill free speech rights, or some other alternate issue, he said.
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