Do we need to post the NLRB poster? Just answer the question!

April 16, 2012
By Eric B. Meyer on April 16, 2012 7:00 AM | | Comments

rights poster.pngI've beaten it to death on this blog.

The National Labor Relations Board created a rule that will require most private-sector employers to post this notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.

Here's the latest...

In March, a DC federal court upheld the rule. On Friday, a federal court in South Carolina shot the rule down. Randy Johnson at Free Enterprise has more on that decision.

Post it? Or don't post it?

If you live is DC, you need to post the notice. And if you live in SC, you can trash it. But what about the rest of us?

Good question. IMH(non-legal-advice-giving-non-attorney-client-relationship-creating)O, I say that, until a court in your state gives the yay or nay, post it. (Although, I would not be surprised to see the NLRB delay the April 30, 2012 posting deadline again).

Put the poster up right next to the other laminated posters that your employees pass by every day and, likely, may have never read. And if you are really concerned about the message it sends, consider a second posting advising employees that while they have the right to unionize, there are many good reasons to remain union-free. Also, train your supervisors and managers about how to address employee questions about unionization, which is something you should be doing anyway.

Ultimately, if you don't give employees a reason to unionize, a 11" x 17" NLRB poster won't mean squat.