Since a quorum for the Board to conduct business is three members, U.S. District Judge James Boasberg found the rule invalid.
Continue Reading NLRB Quickie/Ambush/Speedy Election Rule Overturned
NLRB Posting Rule Partially Blocked
By Keith A. Ashmus on
Posted in Labor Management Relations, NLRB
[T]he provision of Subpart B that deems a failure to post to be an unfair labor practice, and the provision that tolls the statute of limitations in unfair labor practice actions against employers who have failed to post, do violate the NLRA and are invalid as a matter of law.
Continue Reading NLRB Posting Rule Partially Blocked
More NLRB Protection for Badmouthing Your Employer on FaceBook
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Posted in NLRB, Social Media
The Office of the General Counsel for the NLRB has recently updated its memo summarizing recent social media decisions. The memo provides a reference for employers regarding the limitations on disciplining or terminating employees based on comments they make on FaceBook and other social media sites.
The first case summary in the memo is telling. …
2012 starts off with questionable recess appointments
By Keith A. Ashmus on
Posted in Labor Management Relations, NLRB
Earlier today the White House announced recess appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board. The appointments were asserted to be recess appointments despite the fact that the Senate has not technically been in recess under the historical understanding of that term. Indeed, Congress has gone out of its way…
Lots of Year-end NLRB News
By Keith A. Ashmus on
Posted in Labor Management Relations, NLRB
While most Americans were out preparing for Christmas last week, the NLRB had some presents of its own. For employers, the Board postponed its posting rule (which created a new unfair labor practice and potentially extended the statute of limitations) from January 31 to April 30, 2012. For unions, the Board issued a decision that…
NLRB Postpones Posting Requirement Until January 31, 2012
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Posted in NLRB
The NLRB has postponed the effective date for its new union organization rights posting requirement until January 31, 2012. In its press release, the Board states that it decided to postpone the requirement, “in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” Further…
New NLRA Poster Available; Posting Rule Challenged in Court
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Posted in NLRB
The NLRB published today its new poster regarding employees rights to form labor unions under the NLRA, mentioned in our prior blog posting. A copy is available here.
Meanwhile, the National Association of Manufacturers has filed a lawsuit in federal court challenging the rule, stating that “[t]he Board’s promulgation of the Rule is in…
Union mob attacks grain depot to keep work away from another union
By Keith A. Ashmus on
The Los Angeles Times reported today that a mob of hundreds of International Longshore and Warehouse Union members, alerted by a posting on the Union’s Facebook page, overpowered police and attacked a train carrying grain to a new storage facility in Longview, Washington. According to the article, the union members cut brake lines on the…
Final Rule: NLRB Requires Private Employers to Notify Employees about Unionizing
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Posted in Labor Management Relations, NLRB
Yesterday, the NLRB published the final version of its new rule requiring most private employers to post a notice to employees informing workers about their rights to form a labor union. The posting is similar to the one that government contractors are already required to post. (See DOL Fact Sheet).
The new rule is…
Health of patients not “core” to mission of hospital according to NLRB
By Keith A. Ashmus on
In 1987, the NLRB held that a newspaper did not have to bargain with a union over its ethics policy, on the grounds that ensuring public confidence in its news reporting was a “core function” of the paper. Peerless Publications, 283 NLRB 334 (1987). In 2006, Virginia Mason Hospital in Seattle unilaterally implemented an…