Only one opinion from the D.C. Circuit last week, in Jones Lang LaSalle Americas, Inc. v. NLRB, No. 24-1079, so this will be quick. It’s a straightforward application of a narrow standard of review (substantial evidence/arbitrary and capricious). The company raised two issues about a representation election: the Board Agent (1) briefly left the ballot box in the custody of the union and company observers, (2) while stepping out to find and tell eligible employees they could vote. The Regional Director determined there was no evidence the ballot box was compromised or that employees were coerced into voting, and the Board denied review. The Court upheld the agency; basically, although ballots are supposed to stay in the Board Agent’s custody, “not every deviation from best practices warrants setting an election aside.” The company tried to raise a third issue, about inconsistent legal standards, but the Court held it did so too late, forfeiting the issue for failure to raise it until the reply brief.