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Court blocks NLRB employee rights notice

April 20, 2012

By Craig Palmer, ADA News staff

Washington—The U.S Court of Appeals for the DC Circuit April 17 temporarily blocked a National Labor Relations Board regulation requiring most private sector employers to display a new employee rights notice. The regulation was scheduled to take effect April 30, having been twice delayed from Nov. 14, 2011.

While NLRB’s authority would extend to private practice dentists, the authority to require posting of employee rights notices is under court review.

A three-judge panel enjoined the NLRB from enforcing the regulation “while this court resolves all of the issues on the merits” and directed the clerk to schedule oral arguments in National Association of Manufacturers v. National Labor Relations Board for September 2012.

Meanwhile, the NLRB said its regional offices “will not implement the rule pending the resolution of the issues before the court.” The notice, which the NLRB is translating into 26 languages other than English, states that employees have the right to act together to improve wages and working conditions; to form, join and assist a union; to bargain collectively with their employer, and to refrain from any of these activities.

The U.S. District Court for the District of Columbia on March 2 upheld the board’s authority to issue the regulation while the U.S. District Court in South Carolina April 13 held that the NLRB lacks authority to promulgate the rule. The NLRB said it will appeal the South Carolina decision.