NLRB union rights workplace poster on hold again!

NLRB union rights workplace poster on hold again!

WANADA members may recall, that the National Labor Relations Board (NLRB) previously had postponed from November 14, 2011, to January 31, 2012, then to April 30, 2012, the date on which employers must post a workplace notice informing employees of their right to join a union and bargain collectively to improve wages and working conditions. (The poster also must explain that workers have a right not to join a union and that it is illegal for union officials to coerce employees into unionizing.)

As a result of two recent federal court rulings, one from the appellate level, the April 30, 2012 date for the poster is on hold again.

First, on April 13, a federal district court judge in South Carolina ruled that the NLRB did not have the authority to require employers to hang the poster. This ruling came in response to a challenge by the U.S. Chamber of Commerce.

Second, the U.S. Court of Appeals for the District of Columbia yesterday granted the Coalition for a Democratic Workplace (CDW), which has NADA as a member, a request for an injunction, thereby delaying the new poster requirement until the Court has a chance to hear arguments and rule on CDWs appeal of a lower courts ruling that upheld the NLRBs poster requirement.

As a result of these rulings, the NLRB has not yet issued specific guidance on the issue. However, the NLRB chairman has stated that the Board would instruct its regional offices not to apply the poster rule while litigation is pending. He also said the Board would challenge the adverse South Carolina ruling as well as the appellate court ruling that restricts how the rule can be enforced.

Note that the new unionization election rules scheduled to take effect on April 30 are still in force. A separate new NLRB rule limiting the ability of employers to appeal eligibility issues prior to a union representation election was not included in the court actions putting the workplace poster on hold. The new rule shortens election time frames, greatly limiting employees opportunities to hear from employers in order to make an informed choice on unionization. A fact sheet on the changes is available here. NADA submitted comments opposing these changes earlier this year, but the NLRB fast-tracked a reduced version of the amendments without taking further stakeholder input. Through its membership in CDW, NADA and other employer organizations are involved in a lawsuit to block these changes as well.