In addition to a lawsuit challenging the National Labor Relations Board’s (NLRB) new representation-case procedures rule (also known as the Quickie Election rule), legislation in Congress will be considered that would nullify the rule. The Congressional Review Act (CRA) is a resolution that would nullify the regulation, if passed by both chambers and signed by the president. The resolution could be introduced in the Senate as early as next week and a similar proposal will make its way through the House. The CRA is a powerful procedural tool that Congress can use to exert oversight over the administration and requires only a simple majority in the Senate, therefore eliminating the typical 60 vote threshold needed in the Senate to pass legislation. While the CRA has been used successfully once before, it would remain unlikely that the president would sign such a bill and therefore the best option for blocking the rule remains the judicial challenge.
For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.