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California Association of Private Postsecondary Schools

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Court Rejects New Labor Rules That Eased Unionization at Private Colleges


The Chronicle of Higher Education, May 16, 2012

A federal judge has struck down new National Labor Relations Board rules that made it easier for private-college employees to form collective-bargaining units. Judge James E. Boasberg, of the U.S. District Court for the District of Columbia, held in a decision issued this week that the rules are invalid because the board lacked a quorum when it approved them. The board had reported voting, 2 to 1, in favor of the rules, but the member credited with the dissenting vote was not actually present to cast it, and his stand instead was assumed based on his past opposition to the measure. The board has responded to the court decision by suspending the rules, which were intended to streamline union election procedures.