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National Association of Manufacturers v. NLRB (D.C. Cir. 5.7.13)

Articles Discussing Case:

D.C. Circuit Strikes Down NLRB Poster Requirement

Goldberg Segalla LLP • May 13, 2013
The divergence of opinion between the National Labor Relations Board (NLRB) and the United States Court of Appeals for the District of Columbia Circuit has just widened considerably. Three months after the D.C. Circuit ruled that certain board actions were invalid due to constitutionally invalid appointments by President Barack Obama (Noel Canning v. NLRB), the court, in National Association of Manufacturers v. NLRB, has invalidated a 2012 board rule providing that: 1) any employers subject to the board’s jurisdiction would be liable for an unfair labor practice if they did not post on their properties and on their websites a “Notification of Employee Rights under the National Labor Relations Act;” 2) the failure to post would toll the six-month statute of limitations for filing an unfair labor practice charge; and 3) the board may consider an employer’s knowing and willing refusal to comply with the posting requirement as “evidence of unlawful motive in a case in which motive is an issue."

Court Strikes Down NLRB Poster Rule

Fisher Phillips • May 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 that it infringed upon employer free speech rights, while otherwise violating the National Labor Relations Act (NLRA). The posting requirement, which was scheduled to take effect back on April 30 of 2012, was invalidated in its entirety. Nat’l. Assn. of Manufacturers v. NLRB.

D.C. Court of Appeals Vacates NLRB Notice Posting Rule

Franczek Radelet P.C • May 08, 2013
A federal appellate court yesterday rejected the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. Last spring, we covered rulings by federal district courts in Washington D.C. and South Carolina that blocked the Board’s proposed rule. Last April, the U.S. Court of Appeals for the District of Columbia Circuit put the rule on hold pending an appeal by the National Association of Manufacturers (NAM) and the National Federation of Independent Business (NFIB). In yesterday’s decision, the D.C. Circuit vacated the Board’s notice posting rule, finding that all three of the rule’s enforcement mechanisms were invalid.

Another Bad Day in the DC Circuit for the NLRB

Ogletree Deakins • May 08, 2013
Today, the D.C. Circuit struck down the NLRB's rule which required all employers over which it had jurisdiction to post a notice advising employees of their rights under the NLRA. National Association of Manufacturers v. NLRB (D.C. Cir. 5.7.13). The majority opinion relied primarily on Section 8(c), the so called "free speech" provision which allows employers to advise employees of their view on unions as long as it is done in a non-coercive manner.