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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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