12/5/2011

National Labor Relations Board Collective Bargaining Rights Poster

New posting ruling becomes effective January 31, 2012 - Make sure you are in compliance!

There is a  new employer posting requirement from the National Labor Relations Board (NLRB) concerning employees' collective bargaining rights (right to unionize). The posting rule becomes effective on Jan. 31. The poster is available for download without charge on the NLRB website at www.nlrb.gov/poster. It must be hung in a conspicuous place with other workplace rights notices.

 The rule applies to all employers with a gross annual volume of business of $500,000 or more. It does not matter if the employer has a non-union shop or conducts business in a "right to work" state. The NLRB will not conduct inspections to determine if the poster is in place, but may take action if an unfair labor practice complaint is filed. The NLRB states on its website that it expects such complaints to be resolved if the employer subsequently agrees to hang the poster, but could go forward if the employer refuses. For more information go to www.nlrb.gov/faq/poster .

At least three lawsuits have been filed seeking to block this posting requirement, including one by the U.S. Chamber of Commerce www.courthousenews.com/2011/09/21/NLRB.pdf . As of this date, no temporary injunctions have been issued, but we will keep you informed if there are any delays or suspensions of the rule pending litigation.