NLRB Employee Rights Poster
Update! Appellate Court Grants Injunction Blocking NLRB Employer Posting Rule (04/17/2012)
N.G.A.'s employment and legal counsel has provided the message below regarding today's announcement that the U.S. Court of Appeals for the D.C. Circuit has granted the Coalition for a Democratic Workplace (CDW) request for an injunction against the NLRB's employer posting requirement that was set to go into effect on April 30, 2012. N.G.A. is a steering committee member of the CDW and has been a long supporter of the Coalition's efforts.
To N.G.A. Members:
There is terrific news this morning for all retailers, wholesalers, and other businesses regarding the notice posting requirement per an order from the U.S. Court of Appeals for the D.C. Circuit. The appellants in the currently pending appeal of the D.C. District Court's March ruling that the Board has the authority to promulgate the notice posting requirement had previously filed a motion to enjoin the requirement pending the appeal. The Circuit Court has just issued an order granting the appellants' motion and has enjoined the notice requirement.
In so doing, it cited Friday's decision issued by the South Carolina District Court finding that the Board lacks the authority to promulgate the rule. In addition, it noted that the Board had previously postponed operation of the notice posting rule during the District Court's proceedings, but now takes a contradictory view during appellate proceedings. Oral argument is scheduled for September. The upshot is that grocers will not have to post the poster for the foreseeable future, and we will not have further indication of whether they will have to post it at all until the District of Columbia Circuit Court of Appeals and/or the U.S. Court of Appeals for the Fourth Circuit issue their respective decisions.
As always, we will keep you apprised of any developments related to this issue.
Kara M. Maciel (Epstein, Becker, Green)
Resources:
Coalition for a Democratic Workplace (CDW)
NLRB Employer Poster (English) NLRB Employer Poster (Spanish)
NLRB FAQ
NLRB Employer Posting Site
NLRB “Quickie Elections” Rules
The National Labor Relations Board (NLRB) published a final rule in the Federal Register on December 22, 2011, making changes to the rules for conducting union organizing campaigns. The Coalition for a Democratic Workplace (CDW), of which N.G.A. is a steering committee member, has filed an Amicus Brief in Noel Canning . NLRB challenging the rule.
NLRB Election Process Flow Chart (April 30, 2012)
N.G.A. Opposes DOL’s Proposed Changes to the “Advice” Exemption
Commonly referred to as “persuader” activity, on June 21, 2011, DOL published a Notice of Proposed Rulemaking (NPRM) overturning a 50-year old rule allowing employers to seek “advice” from attorneys or labor consultants when faced with a union organizing campaign. Presently, the DOL continues to read comments regarding these changes, which are not expected to be published until the spring of 2012.
N.G.A. Files Public Comments Opposing NLRB Rule on Employer Notification Requirements
On February 17, 2011 N.G.A. filed public comments opposing the National Labor Relations Board (NLRB) proposed rule to require employers to comply with new notification requirements to employees. In late December 2010, the National Labor Relations Board (NBLB) released a Notice of Proposed Rulemaking that, if finalized, will require employers subject to the National Labor Relations Act (NLRA) to post a notice in the workplace informing employees of their rights under the NLRA. The notice employers will be required to post in the workplace (and electronically, if applicable) if this proposal is finalized is nearly identical to a notice now required by the Department of Labor (DOL) that must be posted in the workplace by federal contractors. Under the NLRB proposal, compliance by employers with the DOL's requirement is sufficient for compliance with the proposed NLRB requirement.
N.G.A. comments filed with the NLRB (.pdf 424 kb)