NLRB Posting Requirement Being Challenged on Several Fronts
Topics: New Laws & Legislation
On August 28, we posted abouta new posting requirement established by NLRB regulation that requires private sector employers to post a detailed notice informing their employees about their rights to unionize. This requirement takes effect in November 2011.Our prior blog post is here.
Several developments have occurred in the last two weeks:
1. NLRB Poster is Now Available
Even though the requirement to post the notice about union rights is not effective until November, the NLRB has already prepared the poster and made it available on its website. The poster just became available in the last few days.
2. NAM Sues to Block Implementation
On Thursday September 8, the National Association of Manufacturers filed a lawsuit in Federal District Court in Washington DC, seeking an injunction to stop implementation of the NLRB's regulatory mandate. The lawsuit claims that the NLRB lacks the authority to mandate a posting requirment and that such a requirement can only come from Congress in the form of legislation.
3. House Legislation Introduced to Block Posting Requirement
Congressman Ben Quayle introduced HR 2833, The Employee Workplace Freedom Act, to block the implementation of the NLRB regulation requiring the new posting. The Employee Workplace Freedom Act seems to repeal the regulation and specifically provides that The National Labor Relations Board shall not enforce or promulgate any rule that requires employers to post notices relating to the National Labor Relations Act.
We will continue to post developments on this subject as they arise.