NLRB Posting Requirement Delayed Yet Again

As reported in our February 2012 Employment Group Newsletter, the National Labor Relations Board’s (“NLRB”) new rule requiring most private sector employers to post a notice advising workers of their right to join a union was set to take effect on April 30, 2012. Once again, however, the notice requirement has been postponed.

What’s Happened?

Since February, three courts have issued rulings on the NLRB’s new rule. First to act was the U.S. District Court for the District of Columbia, which held that the NLRB’s notice posting rule was proper, except for portions which deemed that knowingly failing to post the name was a near automatic “unfair labor practice.”

Also, the U.S. District Court for the District of South Carolina struck down the NLRB’s rule altogether, holding that the NLRB lacked authority to issue the rule.

Finally, the D.C. Court of Appeals issued a temporary injunction restraining the NLRB from enforcing the April 30th deadline until an appeal taken by the National Association of Manufacturers is resolved. The D.C. Court of Appeals also said it will not hear arguments on the NLRB’s notice posting rule until September 2012, with a ruling coming after that date.

What Does This Mean for Me?

Given the recent rulings, employers do not have to post the NLRB’s 11″ x 17″ poster informing employees of their rights to organize on April 30th. Moreover, employers should not post the notice until after the D.C. Court of Appeals has reached a decision, which is not expected until late 2012. With a further appeal to the U.S. Supreme Court likely, it is possible that the NLRB’s posting requirement may not become effective for quite some time.

Again, Leech Tishman wants to remind our federal contractor clients that the D.C. Court of Appeals’ ruling does NOT impact the current requirement that certain federal contractors post a separate notice informing of employees’ rights to organize under the National Labor Relations Act under Executive Order 13496.

As always, Leech Tishman’s Employment Practice Group will continue to keep you informed on any news related to the NLRB’s posting requirement as it makes its way through the D.C. Court of Appeals. Our attorneys are available to answer any questions you may have regarding the D.C. Court of Appeals’ ruling, the NLRB’s notice posting requirement, or any other labor and employment law issue.

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