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Foes of the National Labor Relations Board’s (NLRB) rule to shorten the process required to hold a union representation election scored a win when a court invalidated the rule on May 14, but the final outcome of the fight isn’t yet clear.
The U.S. District Court for the District of Columbia ruled that the NLRB didn’t have a quorum when it approved the rule, which went into effect April 30.
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.
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.
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.
Will President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) stand? Some in the business community and Congress hope not, and they’re taking action.
Two House actions have been filed in opposition to the appointments:
President Barack Obama’s decision to use recess appointments to keep the National Labor Relations Board (NLRB) from losing its quorum has ignited a firestorm of opposition among lawmakers and business groups.
Obama announced his intent on January 4 to use recess appointments to fill three open NLRB seats. The Board, which is supposed to have five members, had been operating with three since August because terms had ended for two previous members and the Senate hadn’t confirmed Obama’s nominations. The term of another member expired at the end of 2011, meaning the Board was set to lose its quorum and would therefore be unable to act.
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.
On December 21, the National Labor Relations Board (NLRB) announced the adoption of a final rule that is expected to allow quicker union representation elections. The rule was published in the Federal Register on December 22.
The rule, which is to take effect on April 30, 2012, is a scaled down version of amendments proposed last summer. Board proponents of the change say it’s aimed at modernizing the election process and reducing unnecessary litigation. Critics of the rule claim it will deprive employers of the time they need to respond to union-organizing efforts.
The April 2011 unfair labor practice charge that was filed against the Boeing Co. and that became an immediate flashpoint for criticism of the National Labor Relations Board (NLRB), has been withdrawn. The International Association of Machinists and Aerospace Workers union asked to withdraw the charge after its members ratified a four-year collective bargaining agreement on December 7.
“I am very happy to announce that my office has approved the withdrawal of a charge by the Machinists union against the Boeing Co., which brings our case in this matter to an end,” NLRB Acting General Counsel Lafe Solomon said in a December 9 statement.
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…
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