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INDUSTRYBRIEFS COURT ALLOWS NLRB POSTER REQUIREMENT TO GO INTO EFFECT


A federal district court judge in Washington, D.C. ruled that the National Labor Relations Board has the authority to promulgate and enforce a rule requiring most private employers to display the new poster entitled “Employee Rights Under the National Labor Relations Act.”


The rationale behind the bold maneuver by the NLRB centered on its belief that employees are simply unaware of their rights under federal labor law and employers should be required to inform them. The Board created its own rule on the subject under its presumed statutory authority to adopt “such rules and regulations as may be necessary to carry out the provisions of the National Labor Relations Act.”


B&L RECEIVES STATE, LOCAL RECOGNITION


B&L Information Systems has received the Gold Stake award from Cornerstone Alliance, the southwest Michigan Chamber of Commerce. The company received the award based on a 51% increase in sales between 2009 and 2011. Employment also increased by 25% in 2011.


Part of the award includes recognition by the State of Michigan and Governor Rick Snyder for “outstanding accomplishments and business growth that has benefited our communities and families.” B&L now employs 30 high-tech workers in Bridgman, where they coordinate all software development, support, sales, and marketing activities.


Fortunately for employers, the Board’s attempt to sanction employers who fail or refuse to post the required posting notice was declared unlawful by the federal district court. However, the district court did not rule out the possibility that failure to post could be considered and used as evidence of an unfair labor practice.


Almost immediately, National Association of Manufacturers President and CEO Jay Timmons and Coalition for a Democratic Workplace Chairman Geoffrey Burr announced that their organizations would appeal the District Court ruling. While this and other legal challenges are still pending, this recent decision means employers need to be ready to post the notices as of April 30, 2012.


12 • The Crucible March/April 2012


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