National Labor Relations Act

NLRA Trumps Private Property Rights

Posted on May 21, 2013 by Terry Potter

On April 23, in Caterpillar Inc. v. NLRB, the Board found that the employer had violated Section 8(a)(1) and (5) of the Act by refusing a non-employee union representative access to the facility to conduct a health and safety inspection after a fatal accident. Full Story

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U.S. Court of Appeals Invalidates Board’s Posting Rule

U.S. Court of Appeals Invalidates Board’s Posting Rule

Posted on May 17, 2013 by Grant T. Collins

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) held that the new rule from the National Labor Relations Board (the “Board”) requiring employers to post a notice regarding employee rights under the National Labor Relations Act (“NLRA” or the “Act”) is invalid because it violates employers’ free speech rights. Full Story

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D.C. Circuit Strikes Down NLRB Union Posting Rule — Silence is Golden, at Least for Now

Posted on May 16, 2013 by Hunton & Williams LLP

On May 7, 2013, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated a rule promulgated by the NLRB that would have required employers to post notices of employee’s rights under the National Labor Relations Act (“NLRA”) in the workplace.  Full Story

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Employer On the Hook for Manager’s Assault of Union Representative

Posted on May 14, 2013 by Seyfarth Shaw LLP

In Norquay Construction, Inc., 359 NLRB No. 93 (2013), the Board recently held that an employer violated Section 8(a)(1) of the National Labor Relations Act when a project manager employed by the non-union company physical assaulted a union representative in response to his Section 7 protected activity. Full Story

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Facebook Discussion About "Street People" Protected

Posted on May 14, 2013 by Adam Santucci

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees who complained on Facebook about working late at night in an unsafe neighborhood. Full Story

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Bills Seek to Limit NLRB, Union Authority

Bills Seek to Limit NLRB, Union Authority

Posted on May 13, 2013 by Ilyse Schuman

Before adjourning for a week-long recess, lawmakers in both the House and Senate introduced several bills addressing labor union and National Labor Relations Board activity. Full Story

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D.C. Circuit Tells NLRB “No Workplace Poster for You!”

Posted on May 13, 2013 by Theodore T. Eidukas

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information. Full Story

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D.C. Circuit Nixes Board Notice Posting Rule in National Association of Manufacturers V. NLRB

D.C. Circuit Nixes Board Notice Posting Rule in National Association of Manufacturers V. NLRB

Posted on May 9, 2013 by Tim O'Connell

Once again, federal courts have halted efforts by the current National Labor Relations Board (“the Board”) to expand its regulatory reach. Full Story

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Court of Appeals Finds Notice Posting Rule Invalid; Violates Employer Speech Rights

Posted on May 9, 2013 by Nelson Cary

The federal courts have dealt the NLRB’s notice posting rule another setback. In a ruling Tuesday, the court of appeals in Washington, D.C., the same court that earlier this year held President Obama’s recess appointments to the NLRB unconstitutional, vacated the NLRB’s notice posting rule.  Full Story

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D.C. Circuit Invalidates NLRB’s Posting Rule

The U.S Court of Appeals for the D.C. Circuit recently struck down the National Labor Relations Board’s August 2011 Notice Posting Rule, which would have required employers to conspicuously display a notice informing employees of their rights under the National Labor Relations Act (the “Act”). Full Story

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