The NLRB just does not seem to be getting the message. “Can you hear me now?” said the D.C. Circuit Court of Appeals as it reversed the lower court’s ruling in National Association of Manufacturers vs. National Labor Relations Board that had found that the NLRB had the authority to demand workplace postings. “No such authority exits” says the Circuit Court. Here is a short primer by Benjamin Glass of Ogletree Deakins on the decision and its importance to human resources professionals.
This ruling is followed by yesterday’s decision by the 3rd Circuit Court of Appeals in Philadelphia in National Labor Relations Board v. New Vista Nursing and Rehabilitation. The Court did not rule on the facts of the case, instead finding that NLRB Commissioner Gary Becker was improperly appointed, thus the decision of the Board was invalid. This decision reflects same reasoning used by the DC Circuit in the Noel Canning v. National Labor Relations Board.
Despite these setbacks I see no signs of the NLRB backing down. I expect the over reach to continue until the Supreme Court settles the matter of recess appointments.