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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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