NLRA | JD Supra Law News

NLRB Posting Still Required for Federal Contractors

by Thompson Coburn LLP on 5/21/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

D.C. Circuit Strikes Down NLRB’s Notice-Posting Rule

by Christopher Feudo | Foley Hoag LLP on 5/20/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor Relations Board’s rule requiring employers to post notices informing...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

NLRB Continues To Scrutinize Social Media Policies And Activities

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/20/2013

Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more

Update On The NLRB Poster Litigation

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more

Michigan Becomes the 24th “Right-To-Work” State

by Douglas Callander, Charles Oxender | Miller Canfield on 5/17/2013

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it...more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

Federal Appeals Court Strikes Down NLRB Notice Rule

by Phillips Lytle LLP on 5/16/2013

In a major victory for employers on May 7th, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (“NLRB”) August 2011 regulation requiring private businesses to post an...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

by Chris Brown, Alexandra Stathopoulos, Michael Weil | Orrick - Global Employment Law Group on 5/16/2013

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

NLRB Prevented From Requiring Employers To Post Notices

by David Houston, James B. Perry | Dickinson Wright on 5/16/2013

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector...more

D.C. Circuit Court Shuts Down NLRB Rule Requiring Union Poster

by Patrick Muldowney, Nathan Schacht | BakerHostetler on 5/15/2013

On May 7, 2013, a federal appellate court in Washington, D.C., struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and websites a...more

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On April 19, 2013, an administrative law judge (ALJ) struck down an employer's policies concerning employees' use of non-work email and media as violating Sections 7 and 8(a)(1) of the National Labor Relations Act (NLRA)....more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

by Thompson Coburn LLP on 5/15/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Fenwick Employment Brief - May 2013: NLRB Posting Rule Held Unconstitutional

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

NLRB Notice-Posting Rule Struck Down

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 5/15/2013

The National Labor Relations Board (Board) rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (Act) has been struck down by a federal appeals court....more

D.C. Circuit Tells NLRB "No Workplace Poster for You!"

by Theodore T. Eidukas | Foley & Lardner LLP on 5/14/2013

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information....more

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

by Scott Faust, Michael Lebowich, Ronald Meisburg, Bernard Plum, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 5/14/2013

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

To Post Or Not To Post: D.C. Appeals Court Strikes Down NLRB Employee Rights Posting Requirement

by Andrew Cripe, Jay Dade, Sean Gallagher, W. Terrence Kilroy, Christopher Mason, Mark Weisman | Polsinelli on 5/13/2013

On May 7, a three-judge panel of the United States Court of Appeals for the District of Columbia unanimously struck down a rule of the National Labor Relations Board ("NLRB") that would have required employers to post a...more

Court Strikes Down NLRB Poster Rule

by Fisher & Phillips LLP on 5/13/2013

The National Labor Relations Board suffered another significant blow this week, when the U.S. Circuit Court of Appeals for the District of Columbia struck down the Board’s controversial notice-posting mandate on the basis...more

Employment And Labor Alert: D.C. Circuit Invalidates NLRB's Posting Rule

by Christina Sans | Leonard, Street and Deinard on 5/10/2013

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board's controversial notice posting rule (see Nat'l Assn. of Mfrs. v. Nat'l Labor Relations...more

NLRB Notice Posting Requirement Violates Employers’ Right to Free Speech

by Charles Oxender | Miller Canfield on 5/10/2013

The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia...more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

D.C. Circuit Vacates NLRB Poster Rule

by Daniel V. Johns, Kelly Kindig | Ballard Spahr LLP on 5/9/2013

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

NLRB Poster Rule Torn Down by the D.C. Circuit

by Baker, Donelson, Bearman, Caldwell &... on 5/9/2013

In August 2011, the National Labor Relations Board (NLRB) attempted to implement a rule requiring every employer in the United States to post a "notice" of union organizing rights. After an almost two-year battle, the courts...more

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