Human Resources News & Insights

NLRB poster requirement delayed — and in danger

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.

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  1. O.K. Not that I am advocating a unionization by any means, but what is the difference between requiring organizations post employee rights such as FMLA, OSHA, Wage and Hour laws, and rights to unionize. I feel organizations efforts are stemming from fear rather than rational thought. While some may view it as irrational to require employers post these rights, and so be it, then the requirement to post any of these other rights that I have mentioned is irrational as well. The bottom line is they’re all employee rights and by viewing the posters, I do not see that they are pro-union or anti-union, it is just notification of rights for goodness sake.

  2. In February, our company posted the silly poster in a prominent place with all the other required postings. Not one employee has mentioned it. I doubt that they even noticed it. If the trend continues, we’re going to have to move to a bigger building in order to post all of the required laws and regulations.

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