In Holland & Knight’s September 1, 2011 Labor, Employment and Benefits Alert, we said we would keep you updated concering the National Labor Relations Board’s new final rule, Notification of Employee Rights Under the National Labor Relations Act. The NLRB has now made available for download the Employee Rights poster that the final rule requires employers subject to the National Labor Relations Act (NLRA) to post in “conspicuous places” in their workplace beginning November 14, 2011. The Board has also created responses to Frequently Asked Questions regarding the notification requirement.

See the September 1 Alert (“NLRB Final Rule Will Require Employers to Post and Distribute Notice of Employees’ Right to Unionize“) for more information regarding the final rule and posting requirement.

Congressional and Court Challenges

The final rule is also facing challenges in Congress and the courts. Two bills challenging the posting rule – the Employee Workplace Freedom Act (H.R. 2833) and the Employer Free Choice Act (H.R. 2854) – were introduced in the House of Representatives this month. Both of these bills would overturn the posting rule and further prohibit the NLRB from promulgating or enforcing “any rule that requires employers to post notices relating to” the NLRA.

Moreover, last week the National Association of Manufacturers (NAM) filed a lawsuit in the U.S. District Court for the District of Columbia claiming that the NLRB exceeded its authority in issuing the posting requirement and asking the court to nullify the rule.