The National Labor Relations Board has announced that the requirement for private employers to post its new Employee Rights poster has been indefinitely postponed.
In late 2012, the NLRB issued a ruling that would have required all private employers (not just employers with unionized workers) within the NLRB’s jurisdiction to post a notice apprising employees of their rights to organize and to engage in other concerted protected activities (for more information about this topic, see Vantaggio’s article Help! The NLRB is Making Me Crazy!) The posting date was originally November 15, 2011, then delayed to January 31, 2012, and most recently pushed to April 30, 2012.
The delays were caused by a flurry of lawsuits over the matter, with decisions that kept going back and forth. Some courts found the NLRB within its rights to mandate the posting; others did not, with arguments that ranged from violations of employers’ rights to free speech to assertions that the NLRB was overstepping its legal bounds. And all of this comes at a time where other courts are challenging the authority of the sitting board of the NLRB based upon the allegation that some of its members were inappropriately appointed by the President without going through Senate approval.
Finally, on April 17, 2012, a DC Circuit Court of Appeals enjoined the NLRB from requiring employers to post the notice, causing the NLRB to post its own notice on its website (we’re enjoying the irony in that!) stating that the requirement has been “temporarily” postponed. Most private employers can sit tight for the moment; however, federal contractors and subcontractors should note that they have pre-existing NLRA posting requirements that remain unchanged by these recent developments.
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