NLRB | JD Supra Law News

No Surprises in Senate Committee Hearing on NLRB Nominees

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

There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the jobs, and thanked them...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...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

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...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

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...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

Facebook Discussion About "Street People" Protected

by Adam Santucci | McNees Wallace & Nurick LLC on 5/15/2013

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...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

Labor & Employment E-Note - May 14, 2013

by Amy Jordan, Bryance Metheny, John Paul Nefflen, Thomas Potter, III | Burr & Forman on 5/15/2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

D.C. Circuit Court Invalidates NLRB Poster Rule

by Karen Aframe | Bernstein Shur on 5/15/2013

On May 7, 2013, the D.C. Circuit Court of Appeals ruled that the National Labor Relations Board’s poster rule was unenforceable. The NLRB rule required employers to display a poster with information related to employees’...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

Fenwick Employment Brief - May 2013

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

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

D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid

by David Broderdorf, Ross Friedman | Morgan Lewis on 5/10/2013

Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language. On May 7, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in National Association of...more

NLRB’s Union Poster Rule Struck Down By D.C. Circuit

by Javier F. Garcia | Perkins Coie on 5/10/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the rule adopted by the National Labor Relations Board (the Board) that required most private sector employers to display on their...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

D.C. Circuit Invalidates NLRB Poster Rule: Court Strikes Another Blow to Agency by Striking Down Rule Requiring Employers to Post...

by John Rodgers | Bradley Arant Boult Cummings LLP on 5/10/2013

The U.S. Court of Appeals for the D.C. Circuit’s legal sparring with the National Labor Relations Board (NLRB) continued on Tuesday when a unanimous panel held that the NLRB’s poster rule was invalid because it infringed on...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

National Labor Relations Board