Business groups applaud ruling against NLRB poster

May 08, 2013 - by: Tammy Binford 0 COMMENTS

Probusiness groups are cheering a new ruling from the U.S. Court of Appeals for the District of Columbia Circuit that represents another blow to the National Labor Relations Board (NLRB). The appeals court, which issued another ruling against the NLRB in January, ruled on May 7 that the Board exceeded its authority in its effort to require employers to post a notice of employee rights under the National Labor Relations Act.

The NLRB issued the rule in 2011, but it was never implemented because of court challenges. Had it gone into effect, all employers under NLRB jurisdiction—including nonunion employers—would have been required to post an 11-by-17-inch poster explaining that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities.

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Obama urges swift confirmation of new NLRB nominees

April 09, 2013 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees.

On April 9, Obama nominated Republicans Harry I. Johnson, III, and Philip A. Miscimarra along with Democrat Mark Gaston Pearce. Pearce is the current NLRB chair. His term is set to expire August 27. Johnson and Miscimarra are both management-side employment attorneys.

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NLRB wants Supreme Court review of recess appointments decision

March 14, 2013 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid.

In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme Court review.

On January 25, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Noel Canning v. NLRB that President Barack Obama acted unconstitutionally when he made three recess appointments to the Board on January 4, 2012.

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Court ruling puts NLRB future in jeopardy

January 25, 2013 - by: Tammy Binford 0 COMMENTS

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three recess appointments to the NLRB on January 4, 2012.

The court’s ruling is seen as good news for employers because it seems to thwart what many in the business community see as the NLRB trying to rewrite labor law to benefit unions.

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NLRB ruling ends proemployer automatic exemption

December 31, 2012 - by: Tammy Binford 0 COMMENTS

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline.

Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case overruled the Board’s 1978 decision in Anheuser-Busch, Inc., which established a categorical exemption for witness statements in such cases.

In the Piedmont case, the NLRB’s acting general counsel and the charging party argued that the bright-line rule established in 1978 was “inappropriate.” The Board agreed, finding it should instead apply a balancing test articulated by the U.S. Supreme Court’s decision in Detroit Edison Co. v. NLRB, which was decided in 1979.

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New NLRB website highlights “protected concerted activity”

June 19, 2012 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers.

The webpage is the latest of several recent NLRB moves that many employers find alarming. In recent months, it has tried to require most employers to post a notice of worker rights ensured by the National Labor Relations Act (NLRA), and it has tried to shorten the process required to hold union elections. In addition, the Board has come out with information on when employee comments in social media constitute activity protected under the law.

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Categories: Labor organization / NLRA / NLRB

D.C. Circuit Blocks Implementation of April 30 Posting Requirement

April 17, 2012 - by: Holly Jones 0 COMMENTS

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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Categories: NLRA / NLRB

South Carolina Court Says “No” To NLRB Posting Rule

April 17, 2012 - by: HR Hero Alerts 0 COMMENTS

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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Categories: NLRA / NLRB / South Carolina

Appeal Planned Over NLRB Poster Court Ruling

March 05, 2012 - by: Tammy Binford 1 COMMENTS

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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Categories: NLRA / NLRB

NLRB’s Disputed Poster Rule Delayed Again

December 30, 2011 - by: HR Hero Alerts 0 COMMENTS

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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Categories: HR Hero Alerts / NLRA / NLRB

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