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
Rulemaking
Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision
By Mark Theodore on
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…
NLRB’s Efforts To Advance Ambush Election Rules Rebuffed, Again
By Mark Theodore on
If 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…
Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback
By Mark Theodore on
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…
Micro Union Case Hits Federal Court Of Appeals
By Mark Theodore on
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 …
NLRB Rights Poster Requirement Temporarily Barred By Court – Posting No Longer Required On April 30
By Mark Theodore on
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.
Handing Employers A Significant Victory, Federal District Court Strikes Down NLRB Rights Poster Requirement
By Mark Theodore on
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…
Court Strikes Down Portions Of NLRB Notice Posting Rules
By Mark Theodore on
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…