Nat'l Assoc. of Manufacturers, et al v. NLRB, et al, No. 12-5068 (D.C. Cir. 2013)
Annotate this CaseThe Board declared a rule that employers subject to its jurisdiction would be guilty of an unfair labor practice if they did not post on their properties and on their websites a "Notification of Employee Rights under the National Labor Relations Act." Trade associations and other organizations representing employers filed complaints in the district court, claiming that the Board's rule violated the National Labor Relations Act 29 U.S.C. 151 et seq., and the First Amendment to the Constitution. As a preliminary matter, the court held that the time of filing with the Office of the Federal Register was the appropriate time for determining whether the Board had a valid quorum. That the Board may have lost a quorum before its rule was published did not render its rule invalid. On the merits, the court concluded that the Board's rule violated section 8(c) because it made an employer's failure to post the Board's notice an unfair labor practice, and because it treated such a failure as evidence of an unfair labor practice. Further, the Board's tolling rule was contrary to section 10(b). Accordingly, the court vacated the Board's posting rule.
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