The National Labor Relations Board’s appeal of a May 2012 order striking down its “quickie election” rule in Chamber of Commerce of the United States of America v. NLRB, Case No. 12-5250, remains pending in the U.S. Court of Appeals for the District of Columbia Circuit.
On September 28, 2012, the NLRB filed its opening brief in the Fourth Circuit Court of Appeals case challenging the South Carolina district court’s April 13, 2012 decision invalidating the NLRB’s NLRA rights poster rule. NLRB v. Chamber of Commerce of the United States et al., Case No. 12-1757 (4th Cir.).
Bankers and other employers should note that the National Labor Relations Board (NLRB) has postponed indefinitely the effective date for its employee rights posting requirement. The posting rule, which was to have taken effect April 30, 2012, required all employers to post in the workplace a notice advising employees of their rights to engage in union organizing. The proposed posting rule has generated a great deal of controversy.
On March 21, 2012, A. Edward Hardin, Jr. told our readers about the National Labor Relations Board’s continued efforts to implement its August 30, 2011 rule that would require most private sector employers to post an 11 x 17 inch notice that advises employees of their rights under the National Labor Relations Act.
The National Labor Relations Board’s notice posting rule has been under fire since it was issued last year. In the past few months, the rule has garnered significant attention in courts around the country. The rule would require all employers subject to the Board’s jurisdiction to notify employees of their rights under the National Labor Relations Act, including the right to unionize.
Has there ever been more uproar about a poster? Yet again, the NLRB rule requiring that a poster displaying employees’ rights under the National Labor Relations Act is delayed, this time as the result of a ruling coming out of the U.S. Court of Appeals for the D.C. Circuit. The NLRB has always been a popular subject of discussion, but things are getting ridiculous: this ruling alone has generated 30 posts on LXBN over the past week, pushing the existing total of posts on the NLRB posting rule to 70. To explain the latest developments, we bring on Seth Borden of McKenna Long & Aldridge and Labor Relations Today, as he goes in-depth to explain the background here, the most recent ruling and when we may see some resolution.
In a prior post, we had reminded you that certain changes to the National Labor Relations Act (NLRA) regulations would become effective on April 30. However, as of Friday, April 13, in a case brought by the U.S. Chamber of Commerce, the U.S. District Court of South Carolina decided to strike down the requirement to post notices informing employees of their rights to unionize under the NLRA.
Yesterday the National Labor Relations Board announced that its regional offices will delay implementation of its rule requiring private-sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The rule was scheduled to become effective April 30, 2012, but will now be postponed indefinitely pending resolution of several legal challenges.
The United States District Court for the District of South Carolina late last week decided that that National Labor Relations Board (NLRB) exceeded its statutory authority when it promulgated its much debated notice-posting rule.
Seth Borden, McKenna Long & Aldridge, at Labor Relations Today, reported that the U.S. Court of Appeals for the D.C. Circuit today enjoined enforcement of the NLRB Posting Rule. This blog previously discussed the NLRB Posting Rule litigation when the District Court for the District of Columbia invalidated the enforcement provisions of the rule and when the District Court for South Carolina found the posting rule exceeded the NLRB’s authority.