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Judge Strikes Union Election Rule on Technicality

WASHINGTON — A U.S. District Court judge said Monday that controversial new rules to speed up union elections could not be enacted because the National Labor Relations Board lacked a quorum when the rules were approved late last year.

The opinion drew applause from business groups including the Retail Industry Leaders Association, which in a statement Tuesday said the judge’s decision would protect due process and fairness in union elections.

Judge James Boasberg of the U.S District Court did not address the merit of the rules, which went into effect April 30, but said it was invalid because only two members of the NLRB cast votes on the matter when three were required. The NLRB at the time consisted of three members but one member, Republican Brian Hayes, did not vote.

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