We recently reported that the National Labor Relations Board (NLRB) issued a final rule requiring most private sector employers to post a notice of employees’ rights under the National Labor Relations Act (NLRA). See the September 1, 2011 E-Alert NLRB Requires Employers to Post Notice of Employees’ NLRA Rights. Pursuant to the rule, the posting requirement will be effective November 14, 2011. The poster is now available for download on the NLRB website.
However, you may not want to post too soon. Several national trade associations, including the U.S. Chamber of Commerce, National Association of Manufacturers and National Federation of Independent Businesses, have filed lawsuits seeking an injunction to bar the NLRB from implementing the regulation.
The lawsuits challenge the NLRB’s statutory authority to promulgate and issue a specific rule requiring the posting. The lawsuits also challenge other aspects of the rule itself. For example, the complaints assert that the NLRB does not have the authority “to create and promulgate a new unfair labor practice” (i.e., an employer’s failure to post the notice) under the NLRA. In addition, the complaints challenge the NLRB’s authority to issue a rule that purports to excuse an employee from filing an unfair labor practice charge within the six (6) months statute of limitations provided by section 10(b) of the NLRA.
We will keep you informed of any developments that impact the posting requirement as these cases progress.