Another Court Decision in the NLRB Poster Debate

A federal judge in South Carolina ruled on Friday that the National Labor Relations Board (NLRB) did not have the authority to order most private employers to post NLRA (National Labor Relations Act) notices telling workers about their right to unionize under federal law. The ruling conflicts with another federal district court decision in the District of Columbia which found that the NLRB was within its authority to require employers to post the NLRA poster.

What you want to know:

  • NLRB officials and South Carolina plaintiffs are looking into whether Friday’s ruling would or should cause the suspension of the NLRB’s posting rule just in South Carolina or nationwide.
  • Legal experts are predicting that the South Carolina decision will be appealed to resolve the conflict between the District of Columbia and South Carolina court rulings. An appeal has already been filed and is pending in the District of Columbia case.

The NLRB rule requires nearly every private business to post an 11-by-17-inch notice in a prominent location explaining the right to collectively bargain, distribute union literature and engage in other union activities without reprisal from employers.

As of writing this blog post, most employers are still required to post the NLRA poster by April 30, 2012. Employers within the district court jurisdictions for the District of Columbia and South Carolina should consult legal counsel for specific advice.

Make Compliance Poster Company your resource for compliance updates.

Update: On April 17, 2012, a federal court in DC granted an injunction preventing the NLRB from implementing the NLRA posting rule while the case is being appealed. We will keep you informed.

Just in: The NLRB has just announced that in view of the DC court’s order earlier today and the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the posting rule pending the resolution of the issues before the court. Stay tuned!

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