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SHRM UPDATE NLRB POSTER REQUIREMENT POSTPONED AGAIN TO 4/30/12

On behalf of our Legal Chair, Jim Reidy

NLRB Union Poster Mandate Postponed Again

April 30, 2012, is the new date when most private-sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act.
This is the second time the effective date of the notice’s posting has been delayed. Originally, employers were expected to comply with the regulation by Nov. 14, 2011, but that was pushed back to Jan. 31, 2012.
The National Labor Relations Board (NLRB) announced the latest change--to the April 2012 date--in a statement released on its website Dec. 23, 2011. The postponement comes at the request of the federal court in Washington, D.C., that was hearing a legal challenge to the NLRB regulation.
The National Association of Manufacturers filed a lawsuit Sept. 8, 2011, in the U.S. District Court in Washington, D.C. against the NLRB. It claimed that the agency overstepped its authority by issuing the regulation, SHRM Onlinereported in September 2011. The proposed Employee Workplace Freedom Act (H.R. 2833), which would rescind the NLRB rule, was pending in Congress.
Another bill before Congress, the Protecting Jobs From Government Interference Act (H.R. 2587), would prohibit the NLRB from ordering any employer to close, relocate or transfer employment under any circumstance.
Poster Information
The 11-by-17-inch NLRB notice, available for free in English and 26 other languages, would be required to be posted where other notifications of workplace rights and employer rules and policies are displayed.
The poster outlines illegal actions by employers and unions and lists employee rights, which include being able to:

Organize a union to negotiate with an employer concerning wages, hours and other terms and conditions of employment.
Form, join or assist a union.
Bargain collectively through representatives of employees’ choosing for a contract with an employer setting wages, benefits, hours and other working conditions.
Discuss wages and benefits and other terms and conditions of employment or union organizing with co-workers or a union.
Take action with one or more co-workers to improve working conditions by, among other means, raising work-related complaints directly with an employer or with a government agency, and seeking help from a union.
Strike and picket, depending on the purpose or means of the strike or the picketing.
Choose not to do any of these activities, including joining or remaining a member of a union.

In addition, the regulation instructs employers to publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.

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