Tuesday, September 13, 2011

NLRB Notice

Nlrblogo The NLRB has just released the final, formatted notice that is now required as of Nov. 14.  It's in full color and suitable for framing.

Also, coming as no surprise, is the first legal challenge to the notice requirement.  It's from the National Association of Manufacturers, who are being represented by former NLRB Member Peter Kirsanow (see here for the complaint).  Honestly, I don't see much of chance of this suit winning, even before a conservative panel.  The notice rule--which mirrors a bunch of near-identical requirements from other agencies--seems to be an incredibly modest exercise of administrative authority.  But, we'll see . . . .

Hat Tip:  Laura Cooper & Patrick Kavanagh



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Time to dust off the Congressional Review Act and rid ourselves of this.

Posted by: joe marino | Sep 14, 2011 11:09:56 AM


Posted by: Per Son | Sep 14, 2011 4:18:47 PM

The poster fails to inform employees of union decertifcation procedures, Beck Rights, how to file a ULP against a union, where to report union violence, how to demand an accounting of lobbying with dues money, etc...Plus the number of postings now required by the federal, state, and local governments is already a mess and creates a very untidy workplace.

Posted by: joe marino | Sep 15, 2011 7:07:07 AM

Have you read the NLRB's rule explanation?

Have you read the poster?

Let's review a few points

1) The poster is from the NLRB not the DOL. Why would an NLRB promulgated poster include anything about topics under the jurisdiction of the DOL.

2) Beck Rights. The poster doesn't talk about dues at all, so why should it talk about beck rights or other fee issues?

3) How to file a ULP against a union? It does not tell you how to file a ULP against an employer either. It does give contact info for those who have been harmed by unions as well as employers.

4) Where to report union violence. I guess violence from employers does not matter to you. Reporting of violence is generally a local concern. That is what police are for. Of course, there is contact info if any person's rights have been violated or you think they may be violated.

5) Union decert procedures. It contains neither decert, nor cert procedures. Seems like you want the poster to be one-sided.

I think you just don't like unions or federal regulation in general, and picked some strawmen to argue about.

Posted by: Per Son | Sep 15, 2011 8:14:04 AM

You're right. Stick that poster up there with all the others and Chinese take-out menus that nobody ever reads.

Posted by: joe marino | Sep 15, 2011 12:40:38 PM

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