While the Fifth Circuit has now overruled the NLRB’s D.R. Horton decision, the Board has not lost its focus in terms of modifying election rules for processing representation petitions. The NLRB issued its semi-annual regular agenda and the sole item on the list was changes to the election rules. The proposed rules had been held in abeyance after a district court found them improperly adopted and the DC Circuit placed the matter on hold pending resolution of the Noel Canning situation. As the regulatory agenda clearly focuses on this single issue no doubt this will be something that will be taken up by the Board as soon as the Noel Canning matter is resolved.
