NLRB Challenges Begin

January 31st, 2013 by JBWK

After the D.C. Circuit Court of Appeals’ surprising ruling last week, several aggrieved employers have argued that NLRB decisions against them are invalid.

At least two employers cited the D.C. Circuit case this week in filings with other federal appeals courts. As it’s been over a year since the NLRB started issuing arguably invalid decisions, there is plenty of room for employers to argue that any NLRB action against them is void. Those decisions could include many of the recent issues addressing social media use by employees.

Concrete resolution will almost certainly come in some form, whether in an appeal or rehearing of the entire D.C. Circuit Court. Until then, however, the NLRB’s decisions will remain open to attack.

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