May 05, 2015
May 04, 2015
The Hits Keep Coming: D.C. Circuit Denies Rehearing for National Labor Relations Board (NLRB) Notice Posting Case
On Sept. 4, 2013, the D.C. Circuit summarily rejected a petition by the NLRB for rehearing in NAM v. NLRB, the case decided in May which struck down the NLRB's controversial posting rule based on the fact that its enforcement measures violated the limits of the National Labor Relations Act (NLRA). Following the D.C. Circuit's invalidation of the posting rule in May, the Fourth Circuit similarly found the rule invalid in June and on Aug. 13, 2013, similarly refused to rehear the case. At this point, the NLRB's only option to save the rule is to appeal the decisions to the U.S. Supreme Court.
As we have previously covered, the Court has already agreed to hear the Noel Canning case on NLRB recess appointments next term, which was also appealed from the D.C. Circuit.
See our complete coverage of the NLRB's notice posting rule here.
- A Unanimous Supreme Court Rules that Federal Agencies Do Not Have to Go through Rulemaking to Change Regulatory Interpretations
- Supreme Court Upholds DOL Flip-Flop, While Concurrences Signal Doubt about Judicial Deference to Agencies
- Supreme Court: DOL Can Flip-flop on its Interpretation of Its Own Regulations