Government Ends Appeal of NLRB Poster, Regulation and Poster are Dead

UPDATE: On January 2, 2014, the NLRB failed to appeal to the U.S. Supreme Court on the D.C. Circuit case on the NLRB poster rule.  The deadline for appeal on the Fourth Circuit decision had already passed.  This effectively makes the regulation and poster requirement null and void. Printing Industries was part of the coalition battling the regulation in court.

UPDATE:On September 4, 2013 the D.C. Circuit Court of Appeals denied NLRB requests to rehear the court's earlier decision to strike the NLRB poster rule. 

UPDATE: On August 12, 2013 the Fourth Circuit Cout of Appeals upheld its earlier decision that the NLRB has no authority to issue posting regulation under the NLRA

UPDATE: On June 18, 2013 the Fourth Circuit Court of Appeals ruled that the National Labor Relations Board overstepped its authority by issuing a rule that would have required employers to post notices informing workers of their rights under federal labor law.

UPDATE: In the late afternoon of April 17, 2012, NLRB Chairman Mark Gaston Pearce announcedthat the NLRB "will not implement the rule pending the resolution of the issues before the (DC Appeals) court."

UPDATE: On April 17, 2012, the D.C. Circuit Court of Appeals granted in injunction against the National Labor Relations Board (NLRB) poster and said it will hold hearings on the matter in September.  Thus, employers do not have to post the NLRB's poster for now! 

UPDATE: On April 13, 2012, a federal district court in South Carolina ruled that the National Labor Relations Board exceeded its authority, as given by Congress, by issuing a regulation that requires nearly all employers to post a notice of employee rights under the National Labor Relations Act. Printing Industries will have analysis and guidance for its members soon.

In December 2010 the National Labor Relations Board (NLRB) issued a proposed regulation requiring all employers covered under the National Labor Relations Act to post an 11×17-in. notice for employees explaining union organizing rights under the law. See the NLRB Press Release, Fact Sheet, and Proposed Regulation. Comments were due by February 22, 2011. Click here for our comments. The final rule for the regulation was published in late August (https://www.nlrb.gov/news-media/fact-sheets/final-rule-notification-employee-rights). The NLRB initially said their notice must be posted by November 14, 2011, but delayed that date to January 31, 2011 in response to several lawsuits challenging its legality, and then again to April 30, 2012.

Under the proposed rule, “failure or refusal to post the required employee notices: (1) finding the failure to post the required notices to be an unfair labor practice; (2) tolling the statute of limitations for filing unfair labor practice charges against employers that fail to post the notices; and (3) considering the knowing failure to post the notices as evidence of unlawful motive in unfair labor practice cases.” The NLRB lacks the authority to impose fines.

In March, a federal district court in Washington, D.C. ruled that the NLRB’s poster is legal, but the government lacked any enforcement authority (noted above). That ruling is being appealed now in an effort to have the regulation and government thrown out entirely. Another federal district court in South Carolina is considering the same issue, but has yet to issue a decision. Employer Response Poster Available. Printing Industries' Human Relations Department has developed employer-response posters that are designed to be posted next to the NLRB's poster. The first poster is for a company that is completely union-free. The second poster is designed for a company that is partially unionized (e.g., press and pre-press are organized, but the other departments are not). Only one of these posters should be displayed per location. If an employer has a multiple locations and a union represents employees at only a few of the plants, the employer has the option of posting either poster at the non-union facilities. If all production departments are organized, the employer may still use the partially unionized employer-response poster. In all cases above, the NLRB poster is required to be posted starting April 30, 2012.

For more information see our webinar, New NLRB Organizing Rights Poster: How Printers Can Respond at http://www.printing.org/store/41960 Questions? Email HRQuestions@printing.org

Published on Sunday, January 6, 2013 (updated 05/05/2016)

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