Forum
U.S. District Court for the District of Columbia
Case Status
Decided
Docket Number
15-cv-00571
Case Updates
D.C. District Court upholds NLRB’s ambush election rule
July 29, 2015
The D.C. District Court granted the NLRB's motion for summary judgment and upheld the “ambush election” rule on the grounds that the statutory and constitutional challenges do not withstand close inspection since the agency is given broad discretion to implement provisions of the NLRA.
U.S. Chamber files amicus brief
April 21, 2015
The U.S. Chamber and a coalition of trade associations sued the National Labor Relations Board in January 2015, challenging its new ambush election rule on constitutional and statutory grounds. Once the rule took effect on April 14, a company—Baker DC, LLC—and several of its employees filed its own challenge to the rule and sought a temporary restraining order in response to a union’s election petition filed against it.
On 4/21/2015, the Chamber filed an amicus brief in support of Baker DC. The Chamber filed this brief jointly with the Coalition for a Democratic Workplace, National Association of Manufacturers, National Retail Federation, and Society for Human Resource Management. Allyson N. Ho, Charles I. Cohen, Michael W. Steinberg, Jonathan C. Fritts, and David R. Broderdorf of Morgan Lewis & Bockius LLP served as co-counsel for the amici with the U.S. Chamber Litigation Center.
Complaint filed 4/17/2015. U.S. Chamber, et al. amicus brief filed 4/21/2015. On 4/22/2015, the district court denied the temporary relief Baker DC sought, but consolidated Baker DC’s case with the Chamber’s suit, Chamber of Commerce of the United States of America v. NLRB.
A hearing on the pending motions occurred 5/15/2015. Decided 7/29/2015.
Case Documents
- Complaint -- Baker DC v. NLRB (DC District Court).pdf
- Amended Complaint -- Baker DC v. NLRB (DC District Court).pdf
- U.S. Chamber, et al. Amicus Brief -- Baker DC v. NLRB (DC District Court).pdf
- Order re Consolidation -- Baker DC v. NLRB (DC District Court).pdf
- Opinion and Order -- Baker DC v. NLRB (DC District Court).pdf
- Supplemental Post-Hearing Brief of Plaintiffs -- Baker DC v. NLRB (DC District Court).pdf
- Opinion -- U.S. Chamber of Commerce v. NLRB (U.S. District Court for the District of Columbia)_0.pdf