On January 15, 2014, the NLRB issued a final rule rescinding the amendments to its regulations governing representation case procedures published in its December 22, 2011 final rule.

On December 22, 2011, the NLRB issued a final rule amending its Rules and Regulations and Statements of Procedures regarding union elections under the NLRA (see Legal Update, NLRB Issues Final Rule Amending its Union Election Process). On May 14, 2012, the federal district court struck down the final rule in Chamber of Commerce v. NLRB on the ground that the Board lacked a quorum when it was issued (879 F. Supp. 2d 18 (D.D.C. 2012) and see Legal Update, NLRB Union Election Rule Held Invalid for Lack of Quorum). Incidentally, current Board member, Philip A. Miscimarra, was one of the counsel representing the Chamber of Commerce in that case.

On July 27, 2012, the court denied the Board's motion for reconsideration. The NLRB appealed to the DC Circuit. On December 9, 2013, the DC Circuit dismissed the NLRB's appeal under a joint stipulation by the parties.

To implement the district court's decision, the January 15, 2014 final rule restores each CFR subpart affected by the December 22, 2011 amendments to the language that existed before December 22, 2011. The NLRB found that it was unnecessary to provide notice and a period for comments for these changes because they implemented the final decision of the federal district court.

The stipulation dismissing the appeal and today's rulemaking set the stage for the full panel of Senate-confirmed Board members to revisit rulemaking to amend the NLRB's election procedures. It is not clear whether the Board will propose and seek public comment about a new rule amending its election procedures or vote on a final rule derived from the NLRB's controversial June 22, 2011 proposed rule.