A federal court recently ruled that employers don’t have to place posters in the workplace informing employees of their rights to unionize – at least for now.
The U.S. Court of Appeals for the District of Columbia Circuit ordered an emergency injunction to block the National Labor Relations Board (NLRB) poster rule, which was scheduled to take effect on April 30.
The National Association of Manufacturers, the National Right to Work Legal Defense and Education Foundation, and other business lobby groups have appealed the rule, saying the NLRB overstepped its legal authority when issuing the requirement.
The groups also say the rule is way too pro-union and would adversely affect six million employers.
The court ruled implementation of the rule will now be delayed until the appeal is heard. No indication was given as to when that might be.
A statement issued by the NLRB said its regional offices will not implement the rule until the appeal is decided.
Earlier compliance ruling
The injunction follows a ruling by a district judge in March that allowed the rule to stand but stripped the NLRB of a lot of its power to punish employers who don’t comply.
“An employer’s mere failure to supply information” doesn’t rise to the level of a labor law violation, the judge said.
Translation: Failing to exhibit the poster can’t be grounds for an unfair labor practice charge by itself.
It’s possible, however, that the failure to post the information could be a factor in determining whether a violation has occurred.
The NLRB said it will appeal the March ruling.
Info: For details on what the NLRB requires the poster to say, click here for our earlier breakdown.