The fate of the NLRB’s employee rights poster is delayed — yet again. The Court of Appeals for the District of Columbia issued an order on April 17, 2012 delaying the posting until after it hears an appeal on its legality in September 2012.
The history of the NLRB poster is, at this point, somewhat tortured. Through rulemaking, the NLRB imposed a broad requirement that virtually all private sector employers—union and non-union—post a workplace notice advising employees of their rights–such as the right to organize–under the National Labor Relations Act. Originally scheduled for posting in November 2011, the NLRB first delayed the notice until January 31, 2012 to give private sector employers more time to understand and comply with the requirement. Then facing legal challenges from various industry groups, the NLRB again delayed the poster until April 30, 2012. Click here to view our post, NLRB again delays union rights posting requirement.
It looked like the posting requirement would be implemented when the federal District Court for the District of Columbia upheld the poster’s validity in March 2012. However, on April 13, 2012, the federal district court in South Carolina came to a different conclusion. That court ruled that the NLRB did not have authority to require private sector employers to post the employee rights notice. These conflicting outcomes created uncertainty for employers about how to proceed with posting.
That uncertainty was cleared up—at least for the time being–when the DC Circuit issued an order enjoining the posting requirement until after it hears an appeal in September 2012 on the earlier district court case.
What’s the bottom line for employers? The NLRB poster is once again delayed and no posting is required at this time.