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Labor Relations Update

Category Archives: Rights Poster

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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

The NLRA Rights Poster Lives on Through Other Means

Posted in NLRA, NLRB, Rights Poster

The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases  (which, depending on what happened behind the  scenes, may have in reality been a decision by the Solicitor General of the United States) should not have come as a complete surprise.  The likelihood of review being granted was small, and… 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

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