The ongoing saga of delays and extensions of the National Labor Relations Board’s (NLRB) notice posting rule continues, this time with an injunction.

The U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of a rule that would require all employers subject to the National Labor Relations Act (NLRA) to post notices informing employees of their rights under the NLRA. Meanwhile, the circuit court will hear appeals to a previous decision from the D.C. district court in which the NLRB’s authority to promulgate the rule was challenged and upheld.

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By Richard J. Morgan

For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, the NLRB proposed a rule that would require all employers subject to the National Labor Relations Act (NLRA) to post notices informing employees of their rights under the NLRA.

After the required notice and comment process, the NLRB published its final rule on August 30, 2011. After a number of extensions, the rule is currently set to take effect April 30, 2012.  However, the rule, and its posting requirements, may be delayed again because of an ongoing court battle.

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Although a federal district court in Washington, D.C., has ruled that the controversial employee rights poster requirement will go into effect April 30, the legal wrangling over the issue likely isn’t over.

The ruling from U.S. District Court Judge Amy Berman Jackson on March 2 is a partial victory for the National Labor Relations Board (NLRB) since it says the NLRB has the authority to issue the rule. But the court struck down the provision that would have made noncompliant employers guilty of an automatic unfair labor practice.

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The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act.

The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date is April 30, 2012.

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The National Labor Relations Board (NLRB) concluded a busy fiscal year 2011 by reporting that it issued 368 decisions in contested cases while also pursuing two rulemaking initiatives during the year, which ended September 30.

The NLRB issued a statement on November 8 summing up the year. Here are highlights: read more…

The National Labor Relations Board (NLRB) has decided to hold a vote on November 30 on portions of a controversial proposal that would speed up union elections. That decision is sparking outrage among foes of the measure.

“This announcement confirms what we’ve suspected all along: the Obama NLRB is determined to impose a flawed rule that will cripple American workers’ free choice,” U.S. Representative John Kline said in a statement issued just after the NLRB announcement of its vote. Kline, a Minnesota Republican, is chair of the House Education and the Workforce Committee.

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The outcry against a new poster rule from the National Labor Relations Board (NLRB) has resulted in the postponement of the rule’s implementation by more than two months.

The NLRB issued a final rule in August requiring employers to notify employees of their rights under the National Labor Relations Act (NLRA). The original deadline to display the poster was November 14. Under the rule, all employers under the Board’s jurisdiction will be required to display the new poster.

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A new rule from the National Labor Relations Board (NLRB) is being touted by the agency as a moderate measure aimed at ensuring that workers understand their rights, but it’s drawing fire from some employers who call it a “punitive new rule” from a federal agency overreaching its authority.

The NLRB issued a final rule on August 25 that will require employers to notify employees of their rights under the National Labor Relations Act (NLRA) as of November 14. The Board has posted a fact sheet on its website with details about the new posting requirements.

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Earlier this week, we reported that the National Labor Relations Board (NLRB) has proposed amended rules that would streamline the union election process, making it easier for employees to unionize. The regulations, which appeared in Wednesday’s Federal Register, firmly divide the pro- and antiunion factions, being lauded by AFL-CIO President Richard Trumka as “a commonsense approach,” while U.S. Chamber of Commerce Senior Vice President of Labor, Immigration, and Employee Benefits Randel Johnson summed the rules up as a “blatant attempt to give unions the upper hand.”

Michael Leahy, an associate with the Springfield, Massachusetts, law firm Skoler, Abbott & Presser, P.C., also weighed in on the proposed rules, noting that “the Notice of Proposed Rulemaking is not unexpected, but is unwelcome among management-side labor and employment attorneys.”

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