On May 14, 2012, US District Court Judge James E. Boasberg issued his decision finding that the National Labor Relations Board (NLRB) did not have the authority to issues its new representation election rule because the NLRB failed to meet the statutorily mandated three-member quorum when it adopted the rule. Only two of the then three-member NLRB had voted to adopt the rule. Opening his decision with a Woody Allen quote, Judge Boasberg wrote: According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.” There is no doubt the NLRB will appeal this decision to the Court of Appeals for the District of Columbia.
To view Judge Boasberg’s full decision, click here