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Change of Direction: Court Enjoins NLRB's Notice Posting Requirement

A Workplace Law Client Alert

By: Bodman's Workplace Law Practice Group

04/19/12

We previously notified you of challenges to the new National Labor Relations Board (NLRB) notice posting regulations. These regulations would require posting of NLRB employee rights notices in all but the smallest private sector workplaces, with automatic penalties on employers who fail to post the notices. These NLRB notice posting regulations were issued after failure to enact the card check law and have the effect of helping unions in organizing. Court challenges to the NLRB regulations pushed the original posting date back to April 30, allowing court review.

Two federal district courts have now issued conflicting decisions on the NLRB's posting requirement. One court upheld the NLRB's posting requirement, but rejected the automatic penalties on employers for non-compliance. On April 13, a second court ruled that the NLRB did not have any authority to force employers to post the notice. This conflict will eventually be resolved by a higher court. Until that time, the U.S. Court of Appeals for the District of Columbia has temporarily enjoined the NLRB's notice posting requirement.

The effect of the Appellate Court's order is that employers, until further notice, do not have to comply with the NLRB's posting requirement. Remember, however, that notices required by other federal and state agencies (e.g., wage-hour), must continue to be posted. We will send another e-blast on any NLRB notice changes.

With these impending new rules, new NLRB board members, and new posting requirement, it is imperative to take steps now to maintain a union free work environment before a union starts organizing your employees. Please contact one of Bodman’s experienced Workplace Law Group attorneys to learn how to keep your workforce union free or to discuss the ramifications of the new NLRB rules or posting requirement.

Workplace Law Group