Court Halts NLRB Rule on Union-Rights Posting Pending Appeal

April 17, 2012
Posting requirement is an unprecedented attempt by the Board to assert power and authority it does not possess, says NAM President and CEO Jay Timmons.

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday granted an injunction delaying indefinitely the effective date of a controversial National Labor Relations Board rule requiring employers to post notice advising workers of their right to organize a union.

The rule, which applies to most private-sector employers, was to take effect April 30, following a previous postponement.

The National Association of Manufacturers, which had sought the injunction pending appeal of an earlier court ruling, immediately applauded the appeals courts decision.

"The facts in this case and the law have always been on the side of manufacturers, and we believe that granting an injunction is the appropriate course of action for the Court. The posting requirement is an unprecedented attempt by the Board to assert power and authority it does not possess," said NAM President and CEO Jay Timmons in a prepared statement.

NAM sought the injunction after a U.S. District Court in March upheld the NLRBs authority to require businesses to post the notice but raised questions around enforcement actions.

In light of Tuesdays injunction, the NLRB will not implement the rule pending the resolution of the issues before the court, the board said in a statement.

NAM, meanwhile, said it would aggressively pursue the appeal of the flawed ruling. It also cheered a South Carolina District Court decision issued last week that determined the NLRB lacks the authority to promulgate the notice-posting rule.

"The decision last week by the South Carolina District Court correctly reined in the NLRBs egregious overreach in its authority, and todays injunction is a positive step in overturning this harmful rule," NAMs Timmons stated.

The NLRB said it would appeal the decision by the South Carolina District Court.

"We continue to believe that requiring employers to post this notice is well within the Boards authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law," said NLRB Chairman Mark Gaston Pearce in a statement on the recent court rulings.

See Also:

NLRB Ends Highly Charged Case Against Boeing Following Labor Deal

Popular Sponsored Recommendations

3D Printing a More Efficient Factory Floor

Nov. 16, 2023
Today’s additive manufacturing platforms make it simple to print a wide range of high-performing industrial parts as soon as possible and right where you need them — unlocking...

7 Crucial Steps to Improve Your OT Security

Oct. 23, 2023
Enhance OT security in manufacturing and production. Uncover the crucial steps to safeguard your operational technology. Protect against evolving threats and bridge the IT-OT ...

Decarbonization Navigator: A Toolkit for Organizations

Sept. 28, 2023
The increasing urgency of addressing climate change along with stakeholder pressures are driving the need for organizations to prioritize decarbonization. Discover how to start...

Discover How an Eye Tracking Study Improves Training Procedures

Oct. 29, 2023
Did you know that your training processes can be streamlined by visualizing and analyzing key skills within your employee base? Find out how we use eye tracking to capture advanced...

Voice your opinion!

To join the conversation, and become an exclusive member of IndustryWeek, create an account today!