The history of this regulation is as sordid as most of the NLRB's actions have been over the past few years. The Board initially attempted to promulgate this regulation in 2011 without a legitimate quorum and saw its decision struck down by the U.S. District Court for the District of Columbia. That court decision was upheld by the U.S. Court of Appeals for the District of Columbia. After rescinding its initial attempt at imposing an ambush election rule, the Board, now back to its full strength after threats by Senate Democrats to exercise the nuclear option to spark filibuster reform, reintroduced the ambush election rule in February of last year. Today, we face the consequences of that effort. Those efforts are not the only objectionable actions of the National Labor Relations Board in recent years. Last year, I sent a letter, with several of my colleagues, opposing the NLRB general counsel's efforts to deem franchisers joint employers with their franchisees. That determination could have profound consequences for the over 8 million Americans who go to work at our country's over 750,000 franchise businesses. The NLRB also purported to be able to instruct private businesses as to where they could invest, telling The Boeing Company in 2011 that it could not operate a factory in South Carolina it had already built.…
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