Despite a series of legal setbacks, the NLRB had appeared to be moving ahead with its planned April 30 enforcement date for the controversial new poster requirement. The unusual NLRB rule seeks to require most U.S. businesses to hang new 11" x 17" workplace notices advising employees of their rights to organize into unions. Many have called the posters biased and heavily slanted toward unions.

The D.C. Circuit Court of Appeals today issued an emergency injunction that blocks the NLRB from enforcing the poster mandate until the court can hear a legal challenge brought by a group of business organizations. The timing of a hearing and decision is uncertain.

The business plaintiffs -- including the National Restaurant Association, through the Coalition for a Democratic Workplace -- last month appealed a lower court's March 2 decision upholding the NLRB's authority to require the posters. The business organizations asked the appeals court to delay the April 30 mandate until a court hearing could be held.

The NLRB had challenged the lower court's decision as well, dissatisfied with the court's ruling that while the NLRB had the right to require the poster, it did not have the right to deem an employer's failure to post the notice as evidence of an "unfair labor practice" under the National Labor Relations Act.

The NLRB was dealt a second blow when a separate federal district court in South Carolina ruled April 13 that the NLRB lacked any authority to impose the poster mandate.

The NRA argued in regulatory comments filed with the NLRB last year and in the coalition brief filed with the federal district court that the entire poster regulation was unlawful.


Upcoming Events

June 23–25, 2013
2013 Southwest Foodservice Expo, Dallas

July 9–10
Introduction to Restaurant Management, San Antonio
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Key Issues

Supreme Court Upholds the Patient Protection and Affordable Care Act
June 28, 2012 - The Supreme Court has held that the individual mandate provisions of the PPACA are constitutional. The Act imposes a tax penalty on individuals who elect not to purchase health insurance. Congress has broad taxing authority and the Court upheld this exercise of that power. The PPACA mandates that employers with 50 or more employees provide coverage or pay a penalty... [more]

Court Invalidates Ambush Election Rule
May 18, 2012 - A federal court this week nullified the National Labor Relations Board's ambush-election rule which would allow union representation elections to be held in as few as 10 days after the filing of a union petition...[more]

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Best Practices


TABC Certification: Protect Your Customers, Your Employees and Your Business with TABC To Go
July 5, 2012 - The Texas Restaurant Association created the first online alcohol seller/server certification program in the state of Texas back in the mid-1990s. Today, our TABC To Go program certifies more than 14,000 individuals each year on responsible alcohol service. TABC certification is a must for any restaurant owner’s risk management program. [more]

Cook Up a Safe Workplace for Teens
June 11, 2012 -Remember your first job? Were you nervous, afraid to ask questions and eager to make a good impression? Your teen workers feel the same way. Consequently, they are at increased risk of getting injured on the job. Here are some tips for instilling safe behaviors that will last teens a lifetime. [more]

Tips for Hiring Teens
May 22, 2102 - Classes are over, school is ending and graduation is near. It’s that time of year again when young adults hit the streets – looking for that summer paycheck. Are you prepared? [more]

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Latest News

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