The NLRB officially delays the mandatory union-poster rule

April 18, 2012
By Eric B. Meyer on April 18, 2012 7:00 AM | | Comments

Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace.

Well, about that. Eyes on me.

Two other men in black (and one woman in black) have officially changed the game. Dramatically. Click through for the details...

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On Tuesday, the National Labor Relations Board had a bad day.

Yesterday morning, a three-judge panel (they wear black robes -- get it?) from the D.C. Circuit Court of Appeals enjoined the poster rule pending further review of its legality.

By the afternoon, the NLRB responded by officially postponing the April 30, 2012 deadline to hang the employee-rights poster. In this press release, the NLRB announced that "[i]n view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court."

So, put those posters on mothballs; the DC Circuit likely won't rule on the legality of the poster rule until Fall, at the earliest.

In the interim, consider what you have done recently to benefit employee relations. Are you treating your employees well? Or do you just think that you have been treating them well? Not sure? Consider a third-party audit to determine employee satisfaction and whether your workforce is susceptible to unionization. Additionally, as I noted on Monday, make sure that your managers and supervisors are prepared to address questions that employees may have about unionization. For even though this poster requirement is delayed (and possibly dead altogether), the NLRB has been vigilant about enacting rules that are designed to facilitate unionization. So, you need to be prepared.