Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations 54011 ability to protect and enforce those provisions of the Act to the complexities of | regulate beyond the express substantive rights, this rule is “necessary” for industrial life,” and its special competence in directives of the statute, so long as the purposes of Section 6. this field is the justification for the deference statute is not contradicted.”) (citing Aside from the rule’s manifest accorded its determination. Mourning). If it did, then the Board’s necessity, the notice posting NLBB v. J. Weingarten, Inc., 420 U.S. longstanding rule mandating that requirement fills a Chevron-type gapin 251, 266 (1975) (citations omitted). employers post an election notice three the NLRA’s statutory scheme. Thus, as Consistent with this understanding of days before a representation election discussed, the purpose of Section 1,as the Board’s role, the notice-posting would be subject to challenge on that implemented in Sections 7 and 8, is to regulations represent an attempt to ground. See 29 CFR 103.20; see also encourage the free exercise and “adapt the Act” in light of recent Pannier Corp., Graphics Div. v. NLRB, enforcement of the Act’s provisions, and realities and “the Board’s cumulative 120 F.3d 603, 606-07 (6th Cir. 1997) fulfillment of that purpose depends on _ experience.” Id. The rule is wholly (rejecting an as-applied challenge to the private initiative of employees and _- consistent with the aims of the NLRA, § 103.20). Furthermore, under American employers to commence Board and the “need” for it now is heightened —_ Hospital Association, the Board’s representation proceedings pursuant to _- given the “changing patterns of exercise of its broad rulemaking Section 9 and Board unfair labor industrial life.” Id. authority under Section 6 is presumed practice proceedings pursuant to For all these reasons, this rule is to be authorized unless elsewhere in the Section 10. The effectiv