Federal District Court Upholds NLRB Employee Rights Poster Requirement

A federal district court has upheld the National labor Relations Board (NLRB) requirement to post notice advising employees of their rights under the National Labor Relations Act (NLRA) by April 30, 2012. The “Employee Rights” labor law notice must be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.

While the March 2 decision by the federal district court for the District of Columbia upheld the NLRB has authority to require the workplace poster, the court did assert some limits of the enforcement mechanisms.

Previously the posting deadline was November 2011, but that date was postponed due to pending litigation. These include the National Association of Manufacturers (NAM) and the US Chamber of Commerce.  Although the District Court in the District of Columbia reached a decision, the decision can be appealed.

The district court ruled in effect that the NLRB “lawfully made” the rule that requires private employers to post the “Employee Rights Under the National Labor Relations Act” notice. Hence, the notice does not violate employers’ free speech rights. On the other hand the court did rule that failure to post the “Employee Rights” notice is not an unfair labor practice. The court did not rule out the possibility that failure to post could be considered evidence of an unfair labor practice. The court decision did not change the requirement to post the “Employee Rights” notice. It is still valid.  Therefore, Compliance Poster Company urges employers to post the required notice by April 30, 2012. Call our Compliance Advisors at 800-817-7876 so you will have yours in time for the deadline.