Fourth Circuit Strikes Down NLRB’s Notice-Posting Rule as Beyond NLRB’s Statutory Authority under NLRA
The National Labor Relations Board exceeded its authority by issuing a rule requiring all employers subject to the National Labor Relations Act to post a notice informing employees of their rights under the NLRA, the U.S. Court of Appeals for the Fourth Circuit has ruled. Chamber of Commerce of the U.S., et al. v. NLRB, No. 12-1757 (4th Cir. Jun. 14, 2013). Affirming summary judgment in favor of the Chamber of Commerce of the United States and South Carolina Chamber of Commerce (collectively, “the Chamber”), the Court held the NLRA only authorizes the NLRB to “carry out its statutorily defined reactive roles in addressing unfair labor practice charges and conducting representation elections upon request” and not engage in proactive rulemaking. The Fourth Circuit joined the D.C. Circuit in rejecting the rule. The U.S. Court of Appeals for the D.C. Circuit struck down the rule in May of 2013.
Fourth Circuit Finds NLRB Lacked Authority to Issue Notice Posting Rule
Executive Summary: The Fourth Circuit has become the second federal appeals court to strike down the National Labor Relations Board's rule requiring employers to post a notice of employee rights. In Chamber of Commerce v. NLRB (June 14, 2013), the court held that the Board exceeded the authority granted to it by the National Labor Relations Act when it promulgated the rule.
Fourth Circuit Joins D.C. Circuit in Striking Down NLRB Notice Posting Rule
In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations Board's (NLRB) controversial notice posting rule. The rule would have required most private sector employers to post in the workplace a notice informing employees of their rights under the National Labor Relations Act (NLRA). The Fourth Circuit held that the NLRB "exceeded its authority in promulgating the challenged rule." Ogletree Deakins brought the lawsuit on behalf of the Chamber of Commerce of the United States and the South Carolina Chamber of Commerce. Chamber of Commerce of the United States v. NLRB, Fourth Circuit Court of Appeals, No. 12-1757 (June 14, 2013).
Bills Target NLRB's Specialty Healthcare Decision, Union Election Proceedings
Members of the House and Senate reintroduced legislation on Thursday that would prevent the formation of “micro units” and guarantee workers the right to secret ballot representation elections.
NLRB Continues To Hound Employers Over Facebook
The National Labor Relations Board has issued another opinion addressing employer discipline imposed on employees for posting negative comments on the social media website Facebook. In a case titled Design Tech. Grp. LLC d/b/a Bettie Page Clothing, the National Labor Relations Board (NLRB) has ruled that employees of a San Francisco clothing company improperly terminated employees for posting derogatory comments about their employer on Facebook.
Governor of Connecticut Violates First Amendment by Targeting State Employees for Firing Based on Union Membership
In State Employees Bargaining Agent Coalition v. Rowland I/O as Governor of the State of Connecticut, Connecticut Governor Dannell Molloy attempted to extract $450 million in long-term concessions from the State Employees Bargaining Agent Coalition (SEBAC) and 13 other public employee unions during the negotiation of a collective bargaining agreement. Notably, these unions represented 40,000 Connecticut state employees. The Governor advised the plaintiffs that unless they agreed to the concessions, he would fire approximately 3,000 unionized state employees. When the plaintiffs not only failed to agree to the Governor’s proposed concessions but also offered alternative concessions, the Governor ordered the firing of approximately 2,800 union employees.
Employers Beware: NLRB Continues to Target Policies and Agreements
The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute resolution (ADR) policies and agreements under the National Labor Relations Act (NLRA).
Federal Contractors Not Impacted by NLRB-Related Notice Posting Rule Decisions
Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. One significant group of employers remains unaffected by the ongoing litigation surrounding the NLRB’s notice posting rule, however. Federal contractors and subcontractors have a continuing obligation under the Federal Acquisition Regulations (FAR), 48 C.F.R. 52.222-40, to post a notice very similar to the NLRB’s notice informing their employees of their rights under the National Labor Relations Act.
Six Million Employers Have the Right to Remain Silent According to the D.C. Circuit
In a rare win for management, a unanimous three-judge panel of the D.C. Circuit Court ruled on May 7, 2013, that the National Labor Relations Board’s (“Board”) rule requiring employers to post a notice detailing employees’ right to join unions is invalid (National Association of Manufacturers v. NLRB).
Legal Alert: Federal Contractors Not Released from Notice Posting Requirement
Executive Summary: Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's (NLRB's) notice posting requirement means that private employers currently are relieved of this obligation, the ruling did not create a reprieve for federal contractors.