Take that, NLRB!

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EmpBlog-5.8.2013-NLRBRemember all that hubbub about the National Labor Relations Board (NLRB) requiring employers to display a poster advising employees of their right to organize?  (If not, you can read about it here on page 3.)  It was part of the efforts of the more active NLRB we have seen of late, a decidedly less-employer friendly NLRB that at times included members that may not have been properly appointed (check here for details).  The requirement applied to nearly all private employers and caused quite a stir, prompting litigation and an attempt by Congress to pass legislation prohibiting it (HR 2833 subsequently died in committee).  Indeed, the NLRB had postponed the effective date of the posting requirement several times pending various court challenges to the legality of the required poster.  Well, that NLRB suffered a setback this week when D.C. Circuit Court of Appeals reversed a District of Columbia district court which had held that the poster was lawful.  The Court of Appeals held that the NLRB’s posting rule violated employers’ free speech rights, which include the right to decide what to say about unions (in a noncoercive manner, of course) as well as what not to say.  Score one for employers.

This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP.  It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked.  So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again.  This is commentary people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing.  No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits).  But feel free to contact us with your questions and comments—who knows, we might even answer you.  And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry).  Big news: Copyright 2013.  All rights reserved; yep, all of them.

If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it.  If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department, at (310) 281-6348 or kscott@ecjlaw.com.

Topics:  First Amendment, NLRA, NLRB, Posting Requirements

Published In: Constitutional Law Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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