Controversial Union Rights Posting Delayed Again
Good news for employers concerning the NLRB's controversial Employee Rights Poster. There is no need to post the Poster, at least for now.
In our March 6, 2012 issue of Compliance Matters, we told you that a federal district court judge in Washington, D.C. had upheld the NLRB Rule requiring employers to display the Poster. The Rule was scheduled to take effect April 30.
As predicted, the plaintiffs in that case - the National Association of Manufacturers (NAM) and the National Right to Work Legal Defense and Education Foundation (NRTW) - appealed that ruling to the U.S. Court of Appeals for the D.C. Circuit.
Today, the Court of Appeals granted the plaintiffs' emergency motion to block the Rule from taking effect until the Court issues its decision. Since the Court will hold oral argument in September, it's highly unlikely that it will issue its final ruling in the case before the November presidential election. As a result of the Court's ruling, employers need not put up the Employee Rights Poster on April 30th.
If you have any questions about the posting requirement, or wish other information about the company's rights and obligations when it comes to union organizing, please contact partners Ken Ballard, Rich Rosenberg, Matt Wakefield or any of the other lawyers in the firm.
Sincerely,
Richard S. Rosenberg
Partner
BRG&S, LLP