Labor and Employment - Courts Throw Wrenches in NLRB's Poster Requirement: Posting Requirement is Now on Hold

April 18, 2012

In this issue:

Courts Throw Wrenches in NLRB's Poster Requirement: Posting Requirement is Now on Hold.

The controversial rule promulgated by the National Labor Relations Board late last year incurred two major setbacks by the courts this past week. Under the rule, virtually all private sector employers -- unionized and non-union -- are to post an 11x17 poster in all workplaces advising employees of their rights under the National Labor Relations Act, including the right to organize unions. While the deadline for posting was initially set for a few months ago, to allow time for some of the legal challenges to reach some conclusion, the NLRB delayed the effective date until April 30, 2012.

Business groups and the management bar have challenged the Board's legal authority to implement this rule because, in part, unlike other laws such as the Fair Labor Standards Act and Title VII, the NLRA does not empower the Board to require employers to make such postings. Instead, postings are only allowed if unfair labor practices have been found to have occurred.

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