By Nelson Cary on Posted in NLRBThe 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
By Nelson Cary on Posted in NLRBThe 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
By Nelson Cary on Posted in NLRBThe polls are closed, the votes are counted, and the results are in: President Obama will remain in office for another four years. This much, of course, is old news. But what the days since the election have provided is time to think about what it means for employers interested in labor law issues. Here… Continue Reading
By Nelson Cary on Posted in NLRBThe requirement to post a notice of employee rights under the NLRA that was to have taken effect on April 30, 2012 has once again been delayed. Today, the federal court of appeals in Washington, D.C. granted (pdf) a request for an order enjoining the NLRB’s notice posting rule pending an appeal of a lower court decision… Continue Reading
