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National Association of Manufacturers v. National Labor Relations Board (D.D.C. March 2, 2012)

Articles Discussing Case:

D.C. Circuit Court Enjoins Enforcement of NLRB Notice Posting Rule

Phelps Dunbar LLP • April 20, 2012
On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board ("NLRB") from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012. See Nat'l Ass'n of Mfrs. v. NLRB, Case No. 12-5068 (D.C. Cir. April 17, 2012). In issuing the injunction, the Circuit Court noted conflicting lower court decisions and held that "[t]he uncertainty about enforcement counsels further in favor of temporarily preserving the status quo while this court resolves all of the issues on the merits." This ruling means that employers are not required to post an employee rights notice by April 30, 2012 informing employees of their rights to, among other things, organize into unions, engage in collective bargaining, discuss wages, benefits, and working conditions or to refrain from any of these activities.

D.C. Court of Appeals Blocks Notice Posting Rule Pending Appeal; April 30 Date on Hold

Franczek Radelet P.C • April 18, 2012
Employers across the country can breathe a little easier today, as an appellate court has put the National Labor Relations Board’s notice posting rule on hold. It will not take effect on April 30.

District Court Refuses to Block NLRB Notice Posting Rule During Appeal; April 30 Date Still Applies

Franczek Radelet P.C • March 09, 2012
As we noted in an alert last week, the District Court for the District of Columbia issued its final order in National Association of Manufacturers v. NLRB on the challenge by the National Association of Manufacturers (NAM) and National Federation of Independent Business (NFIB) to the National Labor Relations Board’s notice posting rule. The court upheld the legality of the notice posting rule itself and, earlier this week, the court declined to block enforcement of the rule while NAM and NFIB appeal the decision. Accordingly, employers still face an April 30, 2012, notice posting deadline, barring another successful court or legislative challenge.

Notice Posting Decision Disappoints Employers

Ogletree Deakins • March 05, 2012
On March 2, 2012, a federal trial judge in the District of Columbia issued a highly-anticipated ruling on the National Labor Relations Board's (NLRB) controversial notice posting rule. The court held that the NLRB did not exceed its statutory authority by requiring employers to post its "Notification of Employee Rights under the National Labor Relations Act." In language that seems at first favorable to employers, the court ruled that a failure to post is not automatically an unfair labor practice and does not automatically toll the statute of limitations in unfair labor practice actions. A closer reading, however, reveals that the court opened the door for the NLRB to find, on a case-by-case basis, violations and tolling for failure to post, thus allowing the Board to accomplish by decision what it cannot do by rulemaking.

NLRB's power to impose penalties for employer's failure to post "Employee Rights Notice" is clarified by the D.C. Circuit.

Ogletree Deakins • March 05, 2012
On March 2, 2012, a federal trial judge in the D.C. Circuit Court of Appeals issued a highly-anticipated ruling on the National Labor Relations Board's (NLRB) controversial notice posting rule. National Association of Manufacturers v. NLRB, No. 11-1629 (ABJ), U.S. District Court for the District of Columbia (March 2, 2012).

Federal District Court Rejects Challenge to President Obama's NLRB Recess Appointments

Franczek Radelet P.C • March 05, 2012
A federal district court judge today rejected attempts by several business groups to challenge President Obama's recent recess appointments to the National Labor Relations Board (NLRB).

District Court Invalidates Portion of NLRB Posting Rule

Franczek Radelet P.C • March 02, 2012
Today a federal district court judge partially invalidated the National Labor Relations Board’s (NLRB) rule requiring private sector employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA).