Wednesday, April 18, 2012

NLRB Posting Requirement - Not to be Implemented!

In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”

Wednesday, April 11, 2012

NLRB Employee Rights Poster Requirement Upheld!

A federal district court has upheld the National labor Relations Board (NLRB) requirement to post notice advising employees of their rights under the National Labor Relations Act (NLRA). This Employee Rights posting must be posted in a conspicuous place by April 30, 2012.

Even though the federal district court for the District of Columbia on March 2nd upheld the NLRB has authority to require the workplace poster, the court did assert some limits of the enforcement mechanisms. Although the District Court in the District of Columbia reached a decision, the decision can be appealed.

The district court ruled in effect that the NLRB “lawfully made” the rule that requires private employers to post the “Employee Rights Under the National Labor Relations Act” notice. Hence, the notice does not violate employers’ free speech rights. On the other hand the court did rule that failure to post the “Employee Rights” notice is not an unfair labor practice. The court did not rule out the possibility that failure to post could be considered evidence of an unfair labor practice. The court decision did not change the requirement to post the “Employee Rights” notice. National Safety Compliance has incorporated this posting in its Federal Labor Law Poster in October of 2011.