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Category Archives: Rulemaking

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NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive Violations

Posted in NLRA, NLRB, Rights Poster

In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations Act.  Pacific Beach Hotel, 361 NLRB No. 65 (2014). As the basis for its imposition of the remedies, the NLRB stated:… Continue Reading

They’re Ba-ack: NLRB to Re-Propose Election Regulations

Posted in NLRA, NLRB, Representation Elections, Rulemaking

As expected, the NLRB has announced that it is again proposing regulations to amend its representation case election procedures.  A copy of the Notice of Proposed Rulemaking submitted to the Federal Register for publication can be viewed here.  The proposed regulations appear identical to those the Board attempted to promulgate in 2011. At that time the Board… Continue Reading

One Step Backward for NLRB Election Rules

Posted in NLRB, Representation Elections, Rulemaking

The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case.  The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead letter.  But this may be a case of one step backward, two steps forward, for the Board. The case was on appeal from a federal district court decision holding… Continue Reading

NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit

Posted in NLRA, NLRB, Non-Union employers, Rights Poster, Rulemaking, Uncategorized

Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize.  The notion of posting such a notice was considered bad enough, but when the NLRB… Continue Reading

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

Posted in NLRA, NLRB, Non-Union employers, Rights Poster, Rulemaking, Section 8(a)(1), Unfair Labor Practices

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

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

Posted in NLRB, Rulemaking

As 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 statements

The 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, Rulemaking

The 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

Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback

Posted in NLRB, Rulemaking

The 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, Rulemaking

A 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, Rulemaking

Mid-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 Practices

A 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, Rulemaking

The 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 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, Rulemaking

Contracting 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, Rulemaking

On 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 7

Concluding 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 statements

The 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, Rulemaking

Late 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