Whoa! Federal Judge nixes NLRB notice requirement

A federal district court in South Carolina has ruled the NLRB lacks the authority to promulgate the rule which requires employers to post a notice advising employees of their rights under the National Labor Relations Act. The opinion is here. The opinion is by District Judge David C. Norton who was appointed by by President George H. W. Bush. At first blush this seems to be a rather extraordinary reigning in of the NLRB's rule making authority.

NLRB Hearing Begins

The NLRB will conduct hearings today and tomorrow on its proposed rules to expedite union representation elections.

NLRB proposes notification of rights rule

The NLRB has announced a Notice of Proposed Rulemaking, for a new rule which would require employers to notify employees of their rights under the National Labor Relations Act. From the presser:

Private-sector employers (including labor organizations) whose workplaces fall under the NLRA would be required to post the employee rights notice where other workplace notices are typically posted. If an employer communicates with employees primarily by email or other electronic means, the notice would be posted electronically as well. The notice would be available from the agency’s regional offices and could also be downloaded from the NLRB website.

The 60 day comment period is open. replies are accepted electronically to www.regulations.gov, or by mail or hand-delivery to Lester Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington DC 20570. A fact sheet is here.

Obama NLRB agenda

Here is a short read on what the Obama NLRB could do. While rethinking the Bush NLRB decisions is likely, using its inherent rule making authority probably is not.