A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB’s rule has been controversial from the start as it didn’t just require the posting… Continue Reading
Category Archives: Rulemaking
Subscribe to Rulemaking RSS FeedU.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case
Posted in NLRB, RulemakingAs noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page document NLRB v. Noel Canning, A Div. of Noel Corp., Cert Petition (April 24, 2013) was filed with the U.S. Supreme Court yesterday. … Continue Reading
Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
Posted in Duty to furnish information, NLRA, NLRB, Recess appointments, Rulemaking, Witness statementsThe NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior) were unconstitutional. The decision of the appeals court has cast a great deal of uncertainty over past and current… Continue Reading
Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision
Posted in NLRA, NLRB, Recess appointments, Representation Elections, RulemakingThe fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess appointments) in jeopardy. All cases on appeal to the DC Circuit involving panels which included Block and Griffin have… Continue Reading
NLRB’s Efforts To Advance Ambush Election Rules Rebuffed, Again
Posted in NLRB, Representation Elections, RulemakingIf only everyone had just showed up and voted we wouldn’t be in this mess. As previously reported, the NLRB’s attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled in May that the Board did not have a quorum at the time the vote was held. Undaunted,… Continue Reading
Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback
Posted in NLRB, RulemakingThe NLRB’s agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges. Last month, the Board’s employee rights poster notice rule was invalidated. Now, a month later, a federal judge in the District of Columbia has ruled that the ambush election rules, which were adopted in December, and went… Continue Reading
Micro Union Case Hits Federal Court Of Appeals
Posted in Bargaining units, NLRA, NLRB, Non-Union employers, Representation Elections, Rulemaking, Section 9(b), Section 9(c)(5)One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned. As we have previously discussed, the Board in this case established the micro union standard, where the bargaining unit sought by a… Continue Reading
NLRB Rights Poster Requirement Temporarily Barred By Court – Posting No Longer Required On April 30
Posted in Rights Poster, RulemakingA federal appeals court has barred the NLRB’s ability to require employers to post the employee rights poster while litigation over the legality of the rule continues. As we previously discussed, a Federal District Court in South Carolina ruled that the NLRB lacked authority to issue the rule. This occurred after another Federal Court… Continue Reading
Handing Employers A Significant Victory, Federal District Court Strikes Down NLRB Rights Poster Requirement
Posted in NLRA, NLRB, Rights Poster, RulemakingMid-April is normally a gloomy time as people prepare to file tax returns. There is some cause for celebration, though, as a federal district judge in South Carolina today (Friday the 13th of all days), issued a ruling striking down in its entirety as unlawful the NLRB’s requirement that employers post the so-called employee rights notice… Continue Reading
Court Strikes Down Portions Of NLRB Notice Posting Rules
Posted in Employer policies, NLRA, NLRB, Protected activity, Representation Elections, Rights Poster, Rulemaking, Section 7, Section 8(a)(1), Unfair Labor PracticesA federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights. As we have noted previously, the NLRB postponed the original November 14, 2011 compliance date, only to postpone it… Continue Reading
NLRB Postpones Rights Poster Rule Until April 30, 2012
Posted in Rights Poster, RulemakingThe NLRB announced today that it was again postponing the requirement that all employers falling under its jurisdiction post notices in the workplace of employee rights under the National Labor Relations Act. The rule, originally slated to go into effect in November 2011, was first postponed due to litigation until January 30, 2012. The new implementation… Continue Reading
NLRB Leaves Coal In Employer Stockings By Issuing Ambush Election Rules, Business Groups Immediately Sue
Posted in RulemakingThe holidays used to be such a quiet time of year as people slowly peeled off to take time to enjoy the season. This holiday season is different, of course. With the impending departure of NLRB Member Becker by the end of this year, we anticipated a flurry of activity as the NLRB attempts to… Continue Reading
NLRB To “Vote” On Quickie Election Rules November 30
Posted in Bargaining units, Due Process, NLRA, NLRB, Non-Union employers, Representation Elections, Rights Poster, Rulemaking, Section 9(b), Section 9(c)(5)The NLRB announced today that it was going to hold a vote on its proposed regulations to upend the well established and longstanding representation case procedures. According to the NLRB’s announcement today, the vote is over “whether to adopt a small number of amendments” proposed earlier this year. This may well be the understatement of… Continue Reading
Government Tightens Squeeze On Contractors, Publishes Final Persuader Rule For DoD, NASA and GSA Contracts
Posted in Advice Exemption, Department of Labor, Labor Relations Consultants, NLRB, Non-Union employers, Persuader Rules, Rights Poster, RulemakingContracting with the Department of Defense (“DoD”), National Aeronautics and Space Administration (“NASA”) and General Services Administration (“GSA”) will become more burdensome after December 2, 2011, according to final regulations published today. The regulations, which were proposed on April 14, 2010, and were adopted without any changes (no surprise there), deem certain labor relations costs unreimbursable… Continue Reading
Facing Stiff Resistance, NLRB Delays Notice Posting Requirement
Posted in NLRA, NLRB, Rights Poster, RulemakingOn October 5, the NLRB announced its decision to postpone the requirement that all employers under its jurisdiction post a notice for employees detailing the rights under the NLRA to January 31, 2012. As previously reported here, the NLRB regulations provided that posting was to occur by November 14, 2011. The NLRB’s stated reason: “to… Continue Reading
NLRB: All Employers Must Post Notice Informing Employees Of Rights Under NLRA
Posted in Employer policies, NLRA, NLRB, Representation Elections, Rulemaking, Section 7Concluding that “many employees protected by the NLRA are unaware of their rights under the statute,” the NLRB today issued a Final Rule today on Notification of Employee Rights under the National Labor Relations Act.pdf. As of November 14, 2011, all employers falling under NLRB jurisdiction will be required to post a notice the content… Continue Reading
NLRB Quickie Election Rules Closer To Reality As Comments Are Filed
Posted in Bargaining units, NLRA, NLRB, Representation Elections, Rulemaking, Section 9(b)The NLRB’s initiative to upend the well-established, and by its own declarations ”outstanding”, representation election procedures took one step closer to reality yesterday when the initial period for filing comments on the proposed rules closed. As I noted previously in this blog, the ”quickie” or “ambush” elections contemplated by the NLRB’s proposed rules represent an attempt to introduce sweeping change when… Continue Reading
The Lull Before The Storm: Blizzard Of NLRB Activity Coming
Posted in Bargaining units, Duty to furnish information, Healthcare Employers, NLRA, NLRB, Protected activity, Rulemaking, Section 7, Section 8(a)(1), Section 9(b), Witness statementsThe mid-point of Summer has passed. Although the NLRB has not issued a major decision in several weeks, the agency has not been slacking off this Summer. In a typical year, August and September are the busiest months for the NLRB, because the federal government’s fiscal year ends September 30. During the final weeks of the… Continue Reading
The NLRA and the Non-Union Employer: Proposed Union Rights Poster
Posted in NLRB, Non-Union employers, RulemakingLate last year, the National Labor Relations Board announced that it was planning on issuing a new rule that would require all employers (even those that are not currently unionized) to put up a poster detailing all of the rights (including the right to join a union) guaranteed to employees under the National Labor Relations Act. This was the first proposed use of administrative… Continue Reading