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Federal Courts Deal Setbacks to NLRB’s Notice Posting Rule–Employer Posting Requirement Enjoined

The United States District Court for the District of South Carolina late last week decided that that National Labor Relations Board (NLRB) exceeded its statutory authority when it promulgated its much debated notice-posting rule.  While this decision was a setback to the agency’s efforts to require employers to post a notice informing employees of their … Continue Reading

Court Upholds NLRB Order Employer Posting Requirement (But Strikes Down Penalty Rule)

On March 2, Judge Amy Berman of the US District Court for the District of Columbia ruled that the NLRB has the authority to promulgate the rule it adopted last year (previously commented on here) which will require employers to post a notice informing employees of their rights under the National Labor Relations Act.  After … Continue Reading

President Obama Makes NLRB Appointments

On January 4, 2011, President Obama announced that he was using his recess appointment powers to place Department of Labor Attorney Sharon Block (democrat), labor lawyer Richard Griffin (democrat), and NLRB counsel Terence Flynn (republican) to the NLRB (“Board”).  The timing of the appointments was strategic as current board member Craig Becker’s term was set … Continue Reading

Ohio Voters Repeal Senate Bill 5

On November 8, 2011, voters overwhelmingly rejected issue 2 which was a ballot referendum on Senate Bill 5 that, if enacted, would have significantly changed collective bargaining in Ohio.  Union organizers and democratic leaders view the victory as a loud message to Governor Kasich that Ohioans strongly support union negotiations.  In addition, the opponents of … Continue Reading

NLRB Posting Requirement Postponed

The National Labor Relations Board won’t require employers to implement new posting requirements on November 14.  Instead, employers will have until January 31, 2012 — over a two month extension. Will the new posting requirements, as previously reported, go away completely? Probably not.  Although the NLRB extended the deadline, particularly to give medium and small … Continue Reading

Another Posting For Employers: New NLRB Posting Obligation for Employers

Effective November 14, 2011, private employers will be required to post a workplace notice of employee rights under the National Labor Rights Act. The posting requirement is intended to inform all employees of their rights under the NLRA and is patterned, in part, after the posting requirements of the FLSA, the FMLA and the recent … Continue Reading

Have you ever seen The Rat?

It’s a giant 16-foot balloon in the shape of a rat, and it is becomingly increasingly common in labor disputes. Unions display the giant balloon as a way of informing the public of their dissatisfaction with the targeted employer, i.e., the “rat employer”. But should it be viewed legally as a picket? The question is quite an … Continue Reading

Should US Employers Write Off the Unions?

Two years ago I was leading webinars and roundtables about the potential passage of the Employee Free Choice Act.  Today, some US employers have a union organizing campaign at the bottom of their worries.  The pendulum has swung once again, and unions appear to be losing ground. If you’re watching the stand off in Wisconsin or … Continue Reading
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