In today’s News and Commentary, a regional director orders an election over objections about the Board’s lack of quorum; the 9^th circuit pauses an injunction against an Executive Order excluding many federal workers from collective bargaining; and unions and industry groups weigh in on driverless car legislation in Massachusetts.

An NLRB Regional Director ordered an election at a manufacturing facility in Alabama, rejecting an employer’s argument that Regional Directors cannot process representation cases when the Board lacks a quorum, per NLRB Edge. The United Auto Workers filed for an election at Navistar Big Bore Diesels in Hunstville, Alabama on June 30. According to the decision, “the only issue” disputed was whether representation petitions could be processed without a quorum at the Board. The decision says that Directors have delegated authority to process elections: the Board delegated the authority in 1961 and the Supreme Court upheld the delegation in Magnesium Casting (1971). “[T]he authority delegated to [Regional Directors] in 1961… survives any subsequent loss of a quorum,” the Director concludes.

Bloomberg reports that the 9^th Circuit has paused an order from a California District Court that directed the Trump administration to continue recognizing collective bargaining rights for federal employees. In March, President Trump issued an executive order designating a long list of federal agencies “Exclud[ed] from Federal Labor-Management Relations Programs.” The Executive Order said the federal labor-management relations statute could not be applied to the agencies because they perform national security functions. Judge James Donato issued a preliminary injunction blocking the Executive Order in late June, holding that the plaintiff unions’ First Amendment claims warranted further litigation. The 9th Circuit’s order suspends that injunction. Per the article, an oral argument on the preliminary injunction is scheduled at the 9^th Circuit for July 17.

The Boston Globe reports that driverless car legislation in Massachusetts faces opposition from unions and support from industry groups. A bill under consideration at the state legislature would establish a “regulatory framework” for autonomous vehicles in the state. A policy official for Waymo, which supports the bill, said 25 states have adopted similar legislation. Industry supporters “touted the vehicles’ safety and efficiency,” per the article. Unions and other groups opposing the bill raised concerns about job losses, saying some 70,000 drivers could be affected. Opponents also cited concerns about safety and increased congestion. A state representative has introduced competing legislation that would require a human operator to be present in autonomous vehicles.