September 15, 2011

 Compliance Matters

Trade Group Files Suit To Enjoin

NLRB Posting Regulation

 

     We recently reported that the National Labor Relations Board published a Final Rule requiring private-sector employers subject to the National Labor Relations Act to post a notice to employees informing them of their organizing rights. The Rule was to become effective November 14, 2011.

 

     Last Thursday, the National Association of Manufacturers (NAM) filed suit in the United States District Court for the District of Columbia, seeking to enjoin the Rule. The NAM's principal argument is that the NLRB exceeded it's authority in promulgating the rule in the first place.

 

     If the court does not grant the requested injunction, employers will be obligated to post the notice effective November 14th or risk the filing of an unfair labor practice for the failure to post as required.

 

     We will keep readers abreast of developments in this important case. If the Court denies the NAM's preliminary injunction request, NAM will likely lodge an appeal to the U.S. Federal Court of Appeals in Washington, D.C. and maybe even to the U.S. Supreme Court.

 

     If you would like to know more about our traditional labor relations services, please call your contact at the firm at (818) 508-3700, or visit us on the web, at

www.brgslaw.com.

 

Sincerely,

 

 

Richard S. Rosenberg

 

Partner

BRG&S, LLP 

 

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