Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
As the April 14, 2015 effective date for the National Labor Relations Board's so-called "quickie election" rule approaches, lawmakers opposed to this rule are expected to take every action within their power to stop its implementation. One option—filing a resolution of disapproval under the Congressional Review Act (CRA)—is expected to happen as early as next week.
The CRA permits Congress to vote in favor of nullifying federal agency rules. While such attempts rarely succeed, in 2001 Congress did approve Senate Joint Resolution 6, which effectively voided the Department of Labor's ergonomics rule. In essence, resolutions submitted under the CRA process allow lawmakers to overcome the hurdle of needing at least 60 Senate votes to ensure passage of a bill. Under the CRA, a simple majority will do.
Although the resolution of disapproval will likely pass both Houses of Congress, the debate on the measure is expect to be long and heated. If the resolution does pass, it is very unlikely the President will sign it. In addition to the legislative efforts to overturn the rule, two court challenges, one filed by Littler, are already underway. Littler's Workplace Policy Institute will continue to keep you informed as this process plays out.