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Appeals court blocks gov’t rule on union posters (Read More…)

Assoc Press - April 17, 2012

WASHINGTON –  A federal appeals court on Tuesday temporarily blocked the National Labor Relations Board from making millions of businesses put up posters informing workers of their right to form a union.
The rule requiring most private employers to display the posters was supposed to take effect on April 30, but the U.S. Court of Appeals for the District of Columbia said that can’t happen until legal questions are resolved.
The temporary injunction followed a federal judge’s ruling in South Carolina last week that the labor board exceeded congressional authority when it approved the poster requirement in 2011. A federal judge in Washington had previously found the NLRB rule acceptable, but limited how the agency could enforce it.

Business groups have complained the posters are an unfair government effort to promote union organizing. The labor board contends the posters help workers more clearly understand their rights and protections under federal labor law.
National Association of Manufacturers President and CEO Jay Timmons called the appeals court’s injunction “a positive step in overturning this harmful rule.”
“The ‘posting requirement’ is an unprecedented attempt by the board to assert power and authority it does not possess,” Timmons said.
NLRB spokeswoman Nancy Cleeland did not immediately respond to a request for comment.
The NLRB rule requires more than 6 million businesses to post an 11-by-17-inch notice in a prominent location explaining the right of workers to join a union and bargain collectively to improve wages and working conditions. The posters also explain that workers have a right not to join a union and that it is illegal for union officials to coerce employees into unionizing.
Similar government posters explaining federal anti-discrimination laws and workplace safety rules are already fixtures in company break rooms. But U.S. District Judge David Norton, in his ruling last Friday in South Carolina, said federal laws specifically allow government agencies to require the display of those posters at work sites. By contrast, Norton said, the National Labor Relations Act contains no such language.
NLRB attorneys argued the board has the authority to require posters even without specific congressional approval.

 

Posted by Admin on 04/17 at 12:16 PM
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Judge rules against NLRB union poster rule (Read More…)

By Kevin Bogardus - 04/13/12

A federal judge ruled Friday that the National Labor Relations Board (NLRB) exceeded its authority when it required employers to post notices explaining workers’ rights to form a union.

U.S. District Judge David Norton said in his ruling that Congress didn’t authorize the labor board to issue the poster rule. The U.S. Chamber of Commerce and the South Carolina Chamber of Commerce had challenged the NLRB regulation in federal court in September last year.

In his ruling, the federal judge said the agency lacked the legal authority to issue the notice and thus the rule was not lawful.

“Based on the statutory scheme, legislative history, history of evolving congressional regulation in the area, and a consideration of other federal labor statutes, the court finds that Congress did not intend to impose a notice-posting obligation on employers, nor did it explicitly or implicitly delegate authority to the Board to regulate employers in this manner,” Norton said.

Norton also said the NLRB was flexing its new “rulemaking muscles.” The labor board’s critics have often said that the agency has become overly aggressive during the Obama administration.

“The Board also went seventy-five years without promulgating a notice-posting rule, but it has now decided to flex its newly-discovered rulemaking muscles,” Norton said.

Norton’s ruling contradicts another decision by a federal court last month. U.S. District Judge Amy Berman Jackson said the NLRB was within its legal authority to issue the poster rule.

NLRB Chairman Mark Pearce has said the notice rule will help workers to know their rights and protections under labor law.

The Chamber celebrated Norton’s ruling against the regulation.

“The court noted that nothing in the National Labor Relations Act (NLRA) ‘even mentions the issue of notice posting’ (emphasis added) — much less compels or even permits the NLRB to issue such a rule. The decision is an important reminder that federal agencies can’t ignore the law in order to further partisan agendas,” said Randy Johnson, the Chamber’s senior vice president for labor, immigration and employee benefits, in a blog post.

A NLRB spokeswoman didn’t immediately respond to

Posted by Admin on 04/16 at 04:11 PM
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