Mental Health Association, Inc. v. SEIU Local 509

Site Location for Union Elections

U.S. Chamber's Position: 

NCLC sought leave to file an amicus brief with the National Labor Relations Board to address the issue of whether union representation elections should continue to be held on the employer’s premises, or whether the elections should be held on “neutral ground” or remote locations. After the SEIU filed an amicus brief seeking to change from the presumption in favor of employer-site union elections to a presumption in favor of neutral site or remote elections, NCLC sought permission from the NLRB to file an amicus brief to respond to the SEIU’s arguments.

Case Outcome: 

The National Labor Relations Board ruled that it was not prepared at this time to deviate from the Board's current practice in deferring to the regional directors in setting up the method and location for NLRB-conducted elections, and denied NCLC's Motion for Leave to File an Amicus Brief as moot.

Procedural History: 

Motion for Leave to File Amicus Brief filed on 4/21/11.  Order denying Motion for Leave as moot dated 4/29/11.