ILNews

NLRB does not challenge ‘poster rule’ decisions

IL Staff
January 7, 2014
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With the deadline for filing a petition passed, the National Labor Relations Board appears to have backed away from its so-called “poster rule.”

The NLRB did not petition the Supreme Court of the United States by the Jan. 2, 2014, cut-off date to review challenges to the rule that required employers to hang posters explaining workers’ rights. The proposed “Notification of Employee Rights under the National Labor Relations Act” was controversial because the poster that businesses were required to display included language on the right to join a union and collectively bargain.

Both the U.S. Court of Appeals for the District of Columbia Circuit and the 4th Circuit Court of Appeals knocked down the rule in 2013.

In National Association of Manufacturers v. NLRB, 12-5068 (D.C. Cir. May 7, 2013), the court held the rule violated a company’s right to free speech which, the opinion noted, also includes the right not to speak. When the 4th Circuit issued its opinion in June 2013, picking up in Chamber of Commerce of the United States et al. v. National Labor Relations Board, 12-1757, where the D.C. Circuit left off. The court found the NLRB overstepped its authority.

However, as Barnes and Thornburg LLP attorney David Pryzbylski noted in his blog, the rule may not necessarily be dead.

“Accordingly, it appears the Poster Rule is dead – at least for now,” Pryzbylski wrote. “As we’ve noted on the Blog, the NLRB has a full five members for the first time in years, and more rulemaking is expected from the Board in the coming months and years. It is not out of the question that some modified form of the ‘Poster Rule’ could be attempted by the newly constituted NLRB.”

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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