Update: The NLRB Poster Requirement

Kegler Brown E-mployment Alert

The National Labor Relations Board’s new rule that requires the posting of a new notice is, so far, alive and well.

The new poster advises employees of their rights to organize and join unions. (The new poster pays scant attention to employees' rights to oppose unionization or refrain from union activity, and is silent about the right to decertify already established unions.) Last week the federal court for the D.C. Circuit upheld the validity of the new rule.

The new rule is scheduled to go into effect April 30, 2012. Although there may be an appeal or other litigation which could again delay the posting date, for now employers should plan to post the notice on April 30.

The district court ruling that upheld the new rule said "Nothing in the notice posting suggests that employers favor collective bargaining activities, and nothing in the regulation restricts what employers may say about the board's policies."” Prior to this point, a number of employers considered posting a “counter-point” notice of their own next to the NLRB poster, advising employees that they also have rights not to join, support, or assist labor organizations. The legality of such a counter-notice has not been tested, but this language from the court may give impetus to rival posters.

(All of this assumes, of course, that anyone reads any of the jumble of required posters.)