Labor Relations Update

Tag Archives: NLRA rulemaking

NLRB Overturns Election Win For Employer That Failed To Timely Serve Voter List (Even Though Union Received List In Timely Fashion)

The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically. The so-called ambush election rules have received a lot attention over the last few years.  We recently discussed here a case where the NLRB found that a union had not timely filed a … Continue Reading

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

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

NLRB Ambush Election Regulations Set To Go Into Effect – April 30

As anticipated, the new election regulations adopted by the Board shortly before the holidays are set to go into effect as planned on April 30, 2012.  In anticipation of this event, Acting General Counsel Lafe Solomon issued  GC 12_04 Guidance Memorandum on Representation Case Procedure Changes.pdf, a 24 page guidance to the Regional Offices on … Continue Reading

NLRB Rights Poster Requirement Temporarily Barred By Court – Posting No Longer Required On April 30

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

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
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