NLRB Rulemaking Powers

The NLRB has the authority to engage in administrative “rulemaking.” In its 75-year history, the Board has made little use of its rulemaking authority; instead, formulating law and policy primarily through adjudication.

Since 2012, however, the Board has taken a more aggressive stance regarding rulemaking and enacted two rules; the notice posting rule and the “ambush election” rule. However, the notice posting rule was struck down.

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