D.C. Circuit:  Portions Of NLRB 2019 Election Process Rule Required Notice, Comment

Mealey's (January 18, 2023, 8:29 AM EST) -- WASHINGTON, D.C. — Two portions of a 2019 rule on union elections promulgated by the National Labor Relations Board without notice or comment were rules of agency procedure and improperly found invalid by a trial court while three other portions concerning eligible employee-voters list, the timeline for certification of election results and election-observer eligibility were properly found invalid, a divided District of Columbia Circuit U.S. Court of Appeals panel ruled Jan. 17, adding that a fourth provision on impoundment was contrary to law....