NLRB Updates
Franczek Radelet is devoting this page to recent developments from the National Labor Relations Board. The following information is organized unde the three following topics: Notice Posting Rule; Election Procedure Rule; and Other NLRB Activity.
Notice Posting Rule
Resources
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Legislative Challenges
Employee Workplace Freedom Act |
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Litigation Challenges
National Association of Manufacturers v. NLRB, et al. |
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Updates
NLRB Postpones Notice Posting Effective Date to April 30, 2012
December 27, 2011
On December 23, the National Labor Relations Board announced that it was postponing the effective date of its rule requiring covered employers to post a notice informing employees of their rights under the National Labor Relations Act. You can read the NLRB's press release here. The notice posting requirement was scheduled to take effect on January 31st, but has now been pushed back to April 30, 2012. The NLRB decided to postpone the notice posting effective date at the request of federal district court judge Amy Jackson who is presiding over a challenge to the NLRB's notice posting rule...more
New Amicus Brief Filed in Court Challenges NLRB Notice Posting Rule
November 30, 2011
Last week, the Motor & Equipment Manufacturers Association received permission to file a brief challenging the NLRB's Notice Posting rule in the case pending in the federal district court in Washington, D.C. The brief is available here. Judge Jackson is scheduled to conduct a summary judgment hearing in this case on December 19, 2011.
House Republicans Join Legal Challenges to New NLRB Notice Posting Requirement
November 21, 2011
Opposition to the NLRB's notice posting rule intensified last week as House Education and the Workforce Committee Chairman John Kline (R-Minn.) and 35 other House Republicans joined the debate by filing "friend of the court" briefs in two pending federal court matters challenging the rule, which is scheduled to go into effect on January 31, 2012. The pending lawsuits--one in Washington, D.C. (Nat'l Ass'n of Mfrs. v. NLRB, D.D.C., No. 11-cv-1629) and the other in South Carolina (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516)--seek to nullify the rule and are scheduled for oral argument on motions for summary judgment in December 2011 and January 2012, respectively.
In their briefs, the legislators argue that Congress deliberately considered and rejected a notice posting requirement in passing the National Labor Relations Act and that the NLRB's notice posting rule exceeds its statutory authority. Interested readers may view the briefs filed in the district courts by clicking the following links: Nat'l Ass'n of Mfrs. v. NLRB; Chamber of Commerce v. NLRB
Notice Posting Rule Q&A
November 3, 2011
In response to questions we received during our Notice Posting Rule webinar, and additional questions submitted, we have developed a list of Q&As. Questions can be submitted to allmarketing@franczek.com ...more
Franczek Radelet Webinar: NLRB's Notice Posting Rule: What Is the Status? What Must Employers Do?
November 2, 2011
Listen to our recent webinar on the Notice Posting Rule where FR attorneys Chris Johlie and Amy Zdravecky discuss the context of the Rule, the status of legal and legislative challenges to the Rule, compliance issues, and options available to employers in responding to the Rule...more
NLRB Postpones Deadline for Notice-Posting
October 7, 2011
As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. On Wednesday, October 5, 2011, the NLRB announced that it would postpone the implementation date for the controversial rule, stating that more time was needed for education and outreach to employers, especially to small and mid-sized businesses. The rule will now go into effect on January 31, 2012...more
NLRB Makes New Poster Available Amid Legal and Legislative Challenges to Rule Requiring Its Posting
September 19, 2011
As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. This past week, the NLRB published copies of its new poster. A copy is available from the NLRB website. Employers have the option of downloading a single 11” x 17” poster, or two 8.5” x 11” posters...more
NLRB Issues Final Rule Requiring Employers to Notify Employees of Their Rights Under the NLRA
August 26, 2011
In December 2010, Franczek Radelet notified employers that the National Labor Relations Board (NLRB) had announced a proposed rule which would require employers to post a notice of employee rights under the NLRA...more
Under the NLRB’s Newly Proposed Rule, Employers Must Post a Notice of Employee Rights Under the NLRA
December 22, 2010
The Chairperson of the National Labor Relations Board (NLRB), Wilma Liebman, promised that under her leadership, the NLRB would actively reach out to inform employees of their rights under the National Labor Relations Act (NLRA). Chairperson Leibman has said that the NLRB would especially target younger employees, and suggested that younger employees would have a higher unionization rate if they knew their rights...more
Election Procedure Rule
Resources
Updates
NLRB To Issue Scaled-Back Changes to Rules Governing Union Elections; Changes Expected to Lead to Quicker Elections
December 21, 2011
In June 2011, the National Labor Relations Board (NLRB) proposed new rules governing union elections under the National Labor Relations Act. The NLRB's proposed changes to its election procedures drew a tsunami of comments from the labor and business communities and led to a nasty public disagreement among NLRB members. Today, the NLRB announced that it will issue a scaled-down version of the hotly debated changes to its union election rules. The NLRB will officially publish the final version of the rules tomorrow and they will become effective on April 30, 2012...more
Legislative Response to NLRB's Proposed "Quickie Election" Rule Passes House Vote
December 2, 2011
While the NLRB continues to wrestle with its proposed rule to speed up the union election process, the Workforce Democracy and Fairness Act (H.R. 3094) recently passed the House by a vote of 235-188. The bill, which now moves to the Senate, emerged in response to the NLRB's proposed rule to streamline the union election process. Supporters of the bill contend it is necessary to maintain fairness and balance in the election process and, among other procedural standards, sets a 35-day minimum time period before the NLRB may conduct an election. The bill also overrides the NLRB's decision in Specialty Healthcare & Rehabilitation Center, 357 N.L.R.B. No. 83, 191 LRRM 1137 (2011) and sets a standard for the NLRB to follow in making bargaining unit determinations. The future of this legislation is tenuous given the Democratic control of the Senate.
NLRB Chairman Issues Proposed Resolution on Election Rules In Advance of Today’s NLRB Meeting
November 30, 2011
As we have previously noted, the National Labor Relations Board (NLRB) has proposed to amend its rules and regulations governing the union election process. On November 18, the NLRB announced that it would consider whether to adopt portions of the proposed amendments at a meeting scheduled for today. The NLRB explained that it was moving forward on portions of the proposed rule in light of the possibility that it will lose a quorum when Member Becker’s recess appointment expires at the end of the current congressional session. These proceedings have given rise to a heated dispute among the NLRB, with both Member Hayes and Chairman Pearce publicly commenting about the draft rule and the rulemaking process...more
NLRB Concerned It May Lose Quorum; Will Vote On Proposed Election Procedure Rule Amid Signs Of Board Member Conflict
November 21, 2011
We have written in the past about the National Labor Relations Board's proposed rule to streamline the union election process. On November 18, the NLRB announced that it has scheduled a vote for November 30 on whether to adopt only portions of the proposed rule and to defer the rest of the proposed changes for further consideration. In a press release, the NLRB explained that it was moving forward on portions of the proposed rule due to the possibility that it may soon lose a quorum when Member Becker's recess appointment expires at the end of the current congressional session. The NLRB's press release claims that the November 30 proceedings will be limited to consideration of several provisions designed to reduce unnecessary litigation in the election process...more
Other NLRB Activity
Updates
NLRB Continues to Expand Employee Rights in Social Media Outlets and to Scrutinize Employer Communication Policies
February 6, 2012
On January 25th, National Labor Relations Board Acting General Counsel Lafe Solomon issued his second report summarizing cases that involve employee activity on social media outlets like Facebook or Twitter. General Counsel Memorandum OM 12-31 follows on the heels of the Acting General Counsel’s August 2011 report and generally summarizes 14 recent and “extremely fact-specific” social media cases reviewed by the Board’s Division of Advice, half of which involved questions about employer social media policies. The remaining cases involved employees who were discharged after they posted comments to Facebook. Unfortunately, the Memorandum does not include any identifying information about the cases, making it difficult to do more than take the summaries at face value...more
NLRB Rules that Class Action Waivers in Mandatory Arbitration Agreements Are Unlawful
January 13, 2012
In a case involving issues of first impression, the National Labor Relations Board (NLRB) recently held that a mandatory arbitration agreement that waived employees’ rights to participate in class or collective actions was unlawful under the National Labor Relations Act (NLRA). D. R. Horton, Inc., Case 12-CA-25764 (1/3/12; released 1/6/12)...more
President Obama Announces NLRB Recess Appointments
January 5, 2012
Yesterday afternoon President Obama announced his intent to recess appoint Sharon Block, Richard Griffin and Terence F. Flynn as Members of the National Labor Relations Board. As we reported earlier, Sharon Block is the deputy secretary for congressional affairs at the U.S. Department of Labor. Block previously served as senior labor and employment counsel for the Senate Health, Education, Labor and Pensions Committee from 2006 to 2009. Prior to that experience, Bloch worked as a senior attorney to former NLRB Chairman Robert Battista and as an attorney in the NLRB’s appellate court branch...more
President Obama Announces Two Nominees to NLRB
December 15, 2011
Yesterday, President Obama announced his plan to nominate attorneys Sharon Block and Richard Griffin to the National Labor Relations Board. Sharon Block is the deputy secretary for congressional affairs at the U.S. Department of Labor. Block previously served as senior labor and employment counsel for the Senate Health, Education, Labor and Pensions Committee from 2006 to 2009. Prior to that experience, Bloch worked as a senior attorney to former NLRB Chairman Robert Battista and as an attorney in the NLRB’s appellate court branch...more
NLRB Acting General Counsel Solomon Ends Case Against Boeing; Other Challenges Lie Ahead for NLRB
December 9, 2011
The National Labor Relations Board often toils in anonymity and regularly enjoys periods of time during which no one pays much attention to what it does or the identity of its members. Over the past two years, however, the Democrat-dominated NLRB has been under white hot scrutiny for a variety of reasons including the views of its members (see former Chairman Wilma Liebman and soon-to-be-former Member Craig Becker), its handling of social media issues, its controversial rulemaking initiatives, and its recent reversal of past decisions. In addition, NLRB critics have zeroed in on the enforcement efforts of the NLRB's Acting General Counsel, Lafe Solomon and, in particular, his efforts to prosecute Boeing for its allegedly unlawful decision to build a plant in South Carolina...more