• NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess Appointments
  • February 3, 2012 | Authors: Arthur T. Carter; Lawrence Morales; Dean J. Schaner; Alex Stevens
  • Law Firms: Haynes and Boone, LLP - Dallas Office ; Haynes and Boone, LLP - Houston Office ; Haynes and Boone, LLP - San Antonio Office ; Haynes and Boone, LLP - Houston Office ; Haynes and Boone, LLP - Dallas Office
  • The National Labor Relations Board has had a busy few weeks. First, over the dissent of its sole Republican Member, Brian Hayes, it issued a final rule implementing new procedures for union elections. Second, it issued a decision in D.R. Horton, 357 NLRB No. 184 (January 3, 2012), a much-anticipated case involving class action waivers in collective bargaining agreements. Third, on the heels of the D.R. Horton decision, President Obama made three “recess” appointments to the Board in an effort to give it a full complement of members and continue its operations in 2012. Finally, the Board released the much anticipated follow up to its Specialty Healthcare decision, opening the door for unions to organize “micro-units” within a larger workforce. These developments are discussed below.