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

NLRB Reports on Active Fiscal Year

November 28, 2011 - by: HR Hero 0 COMMENTS

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…

Categories: NLRA / NLRB

NLRB’s Decision to Hold Vote on Quicker Elections Drawing Fire

November 21, 2011 - by: Tony Kessler 0 COMMENTS

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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Categories: Labor organization / NLRA / NLRB

NLRB Delays Poster Requirement until January 31, 2012

October 06, 2011 - by: HR Hero Alerts 0 COMMENTS

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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Categories: NLRA / NLRB

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