Date: April 2011
In September 2011, the National Labor Relations Board (NLRB) instituted a rule that required employers – even non-union employers – to post a detailed notification regarding employees’ collective bargaining rights. The posting was to become mandatory in December 2011.
Due to legal challenges by employer groups, the NLRB postponed the effective date of the required posting until April 30, 2012.
In court, employer groups argued that the NLRB:
- does not have the authority to require such postings, and
- may not mandate a finding of an unfair labor practice against an employer for failing to post, because the NLRB is supposed to be a quasi-judicial arbiter of employee rights, not an advocate for unions and unionization.
The NLRB contends that the collective bargaining posting is simply a non-biased notification to employees of their rights under federal law.
Because of conflicting court rulings as to whether the NLRB exceeded its authority, on April 17, 2012, the District of Columbia Court of Appeals granted an injunction that stopped the NLRB from enforcing the required posting until the underlying legal challenge is decided.
Bottom Line: As a result of the injunction, employers are not required to display the NLRB notice regarding collective bargaining rights until the issues described above are completely resolved through the judicial process.
Accommodating Pregnant Employees NLRB Takes Aim at Employee Handbooks FMLA: Communicating with Employees on Leave Minimum Wage: Don’t Overlook Arizona’s Higher Requirement Employers, Large or Small: Obamacare Requires Action by October 1 Reducing the Risk of Wrongful Termination Supreme Court Decides Cases in Favor of Employers Obamacare Update: Employer Mandate Pushed Back to 2015 Employee Voting Rights: Arizona Employer Obligations IRS Program Offers Employers a Break for Misclassifying Workers Social Networking and the Workplace The Fair Labor Standards Act Court Suspends NLRB-Required Notice of Collective Bargaining Rights Avoiding The Threat of Genetic Discrimination U.S. Supreme Court Upholds Arizona’s Employer Sanctions Law The Affordable Care Act: Things to Know for 2011 Confidentiality in Investigations: A Trap for Unwary Employers? Restrictive Covenants in Employment Agreement Found to Be Too Broad OSHA Clash with State Safety Regulators a Concern to Employers Unique Legal Issues Affect Employers on Arizona Indian Reservations Prepare Now for the Obamacare Employer Mandate