Advertisement

July 24, 2014

Mandatory Posting Date for NLRB's Notice of Unionization Rights Remains in Effect

Federal Court Partially Upholds Notice Rule and April 30 Posting Deadline

On March 2, 2012, a D.C. federal court ruled that the National Labor Relations Board (NLRB) can require all employers subject to the NLRB's jurisdiction to post a notice of Employee Rights, including the right to unionize. Business groups that filed the challenge, including the National Association of Manufacturers, the Coalition for a Democratic Workplace, the National Federation of Independent Business and the National Right to Work Legal Defense and Education Foundation, have appealed the ruling and requested an injunction pending appeal to stay implementation of the new rule. The district court denied the request but, to date, the D.C. Circuit Court of Appeals has not ruled on the injunction request.

As previously reported, the original date for the required posting was November 14, 2011, which the NLRB delayed twice and is now set for April 30, 2012.

The district court cut back on the impact of the rule, finding that the NLRB exceeded its authority by including provisions that permitted the NLRB to deem an employer's failure to post the notice both an automatic unfair labor practice and a waiver of the statute of limitations for certain unfair labor practice charges, although the court recognized that the NLRB could find a failure to post an unfair labor practice in an individual case.

The challenging business groups have argued to the D.C. Circuit that the district court's decision leaves employers "no guidance at all" as to when a failure to post constitutes an unfair labor practice. The NLRB maintains that the district court was correct in upholding its authority to issue its rule, and it has reserved its option, "in due course," to challenge the court's restrictions on its enforcement provisions.

A separate challenge to the NLRB's rule by the U.S. and South Carolina Chambers of Commerce remains pending in the South Carolina federal district court.

Absent a court order or another voluntary delay by the NLRB, all employers subject to the jurisdiction of the NLRB, which includes most private sector employers, must post the notice by April 30, 2012. Federal contractors and subcontractors are also covered, but will be deemed in compliance if they have already posted the similar notice of employee rights required by Executive Order 13496.

Copies of the poster and specific information on the posting requirements, including the number, size, location(s), media and languages of the required notice, are available at http://www.nlrb.gov/poster.

As we previously reported, also set to go into effect on April 30, 2012, are the NLRB’s revised election rules which change the time and procedures for employers to respond to union election petitions.

In a separate development, the NLRB has also recently announced that it will be providing additional information to nonunion employees about their rights on its website.

© 2014 Bracewell & Giuliani LLP

About the Author

Counsel

John A. Ferguson Jr. advises employers on all aspects of traditional labor and employment law, and has developed a specific litigation capability in defending employers before state and federal courts, state and federal administrative agencies, in hearings, arbitrations and collective bargaining. Client representation includes issues of workers’ compensation retaliation, the National Labor Relations Association (NLRA), Texas Labor Code, Americans With Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), and...

210.299.3518
Partner

Nancy O'Connor represents client interests in compliance and dispute management in general commercial employment settings. She has conducted numerous internal investigations. An experienced negotiator, she manages both collective bargaining and individual executive employment compensation matters and provides guidance on labor-related issues in corporate transactional matters. She is particularly familiar with employment issues in the hospitality, academic, telecommunications, federal procurement, security and energy industries. 

...

202-828-5846

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.