Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Rulemaking

Battle Over Notice Posting Rule Ends: NLRB Announces Decision Not to Appeal

Posted in NLRB
The battle over the NLRB’s notice posting rule appears to have concluded.  Last year, two different federal courts of appeals determined that the NLRB’s rule was unlawful.  The D.C. Circuit found that the rule violated an employer’s freedom of speech, which the NLRA guarantees.  The Fourth Circuit found that the NLRB didn’t have the statutory authority in the … Continue Reading

NLRB Abandons its Appeal of Union Election Rule Decision, May Re-issue Challenged Rule

Posted in NLRB
By Nelson Cary and Michael Shoenfelt Earlier this week, the NLRB voluntarily dismissed its appeal of a 2012 decision invalidating a rule designed to “streamline” union elections. Commonly known as the “ambush” or “quickie” election rule, the rule would have significantly decreased the amount of time between the filing of a petition to unionize with … Continue Reading

Senate Confirms NLRB Appointments

Posted in NLRB
The U.S. Senate voted yesterday to confirm all of President Obama’s nominees to the NLRB.  The Democratic nominees were confirmed on a roll call vote, while the Republican nominees were confirmed on a voice vote.  Thus, for the first time in nearly a decade, the NLRB will have five full members, all confirmed by the … Continue Reading

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

Posted in NLRB
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. The court concluded that the rule violated an employer’s right to freedom … Continue Reading

NLRB Responds to Court’s Decision on Election Rule

Posted in NLRB
The NLRB responded to the decision of Judge Boasberg today.  In a press release, the NLRB announced that it will suspend implementation of the election rule.  Acting General Counsel Lafe Solomon has also withdrawn the memorandum issued to the regional offices at the end of last month explaining how to implement the rule.  Finally, Chairman Pearce … Continue Reading

Federal Judge Invalidates NLRB Election Rule

Posted in NLRB
Satisfying his promised timeline, Judge James E. Boasberg issued a decision (pdf) today finding the NLRB’s election rule invalid.  Quoting Woody Allen that "eighty percent of life is showing up," Judge Boasberg found that the rule was invalid because one of the NLRB members did not participate in the vote to adopt it.   When the final … Continue Reading

AGC Issues Guidance on New Election Rules; Court Denies Motion to Stay

Posted in NLRB
With the effective date of the NLRB’s new election rules now less than 48 hours away, the NLRB’s Acting General Counsel (AGC) continues his implementation efforts.  On Thursday, the AGC issued a memorandum (pdf) to the various regional offices of the NLRB containing additional information interpreting the new rule.  It also contains implementation instructions for the … Continue Reading

NLRB Notice Posting Rule Unlawful

Posted in NLRB
Last year, the U.S. Chamber of Commerce challenged the legality of the NLRB’s notice posting rule in federal court in South Carolina.  Yesterday, Judge David C. Norton found (pdf) that the NLRB did not have the authority to issue the notice posting rule and that it was, therefore, unlawful under the Administrative Procedure Act.  Judge Norton reasoned … Continue Reading

Notice Posting Rule Delayed Again

Posted in NLRB
The NLRB announced today that it is delaying the effective date of its notice posting rule.  This is the second delay the NLRB has announced.  This time, however, the NLRB stated that the delay was at the request of the federal judge in Washington, D.C. who will decide two of the three cases that business groups and others filed … Continue Reading

Details of NLRB Election Rule Published; Chamber Files Lawsuit

Posted in NLRB
By Nelson Cary and Micah Dawson Earlier today, the NLRB formally published their new election rules in the Federal Register.  Chairman Pearce (D) and Member Becker (D), whose term ends next week, voted in support of the new rule. Member Hayes (R) withheld his vote. Member Hayes can vote against finalizing the rule and publish a statement … Continue Reading

NLRB Adopts New Election Rules Adopted

Posted in NLRB
The NLRB announced today that it has formally adopted the revisions to the election rules that were originally proposed earlier this year.  The official notice will be published in the Federal Register tomorrow.  The rule, which some have referred to as the "quickie" or "ambush" election rule, will become effective on April 30, 2012.  Stay tuned to vorysonlabor.com for additional … Continue Reading

Hayes Stays: NLRB Moves Forward with Election Rule

Posted in NLRB
The NLRB headed into a public vote today over a proposed rule on election procedures summarized yesterday on this blog.  It did so without assurances that one of its members, Brian Hayes (R), would be present. While tensions were high, Member Hayes did attend the meeting and the NLRB voted along party lines, 2-1, to move … Continue Reading

NLRB to Vote on Election Process Rule

Posted in NLRB
The NLRB announced yesterday that it will hold a public meeting on November 30, 2011.  At the meeting, the three remaining NLRB members will discuss and vote on the so-called "quickie election" rule that the NLRB proposed in June 2011.  As previously discussed on this blog, the changes in the proposed rule range from permitting electronic filing of certain documents … Continue Reading

UPDATE: NLRB Delays Notice Posting Compliance Deadline

Posted in NLRB, Union Organizing
The NLRB announced today a delay in the effective date of its recently published final rule requiring the posting of a notice of employee rights under the NLRA.  Employers subject to the NLRB’s jurisdiction are now expected to have the notice posted by January 31, 2012.  The rule was previously set to take effect on November 14, 2011.  According to … Continue Reading

NLRB Final Rule Requires Employers to Post Notice of NLRA Rights

Posted in NLRB, Union Organizing
Today, the NRLB officially published a Final Rule that requires private-sector employers, both union and non-union, to post a notice in their workplaces notifying employees of their rights under the NLRA. Pursuant to the new rule, employers subject to the NLRA must “post notices to employees, in conspicuous places, informing them of their NLRA rights, together … Continue Reading

NLRB Issues Final Rule on Notice Posting

Posted in NLRB
This morning, the NLRB announced that it would publish its final rule requiring employers to post a notice of employee rights under the NLRA.  The notice posting is a new requirement.  Employers currently have no obligation to post such a notice. The final rule will be published in the Federal Register tomorrow.  It will take effect 75 … Continue Reading

Proposed Rule Hastens Union Election Process

Posted in EFCA, NLRB
It is only Wednesday, and yet the week has still been a tough one for employers concerned about union-related issues. On Monday, the U.S. Department of Labor proposed a new interpretation regarding persuader activity. Then yesterday, the NLRB announced a proposed rule that will significantly change, and likely accelerate, the union election process. The official publication of the … Continue Reading

NLRB Proposed Rule Draws 6500 Comments, Controversy

Posted in NLRB
By Nelson Cary and Samantha Stilp The comment period for the National Labor Relations Board proposed rule requiring employers to post notice informing workers of their right to unionize officially ended last week.  Nearly 6,500 comments reveal strong opposition to the rule from all types of employers. Those filing comments opposing the rule focused on three main issues. First, … Continue Reading