Good news for employers: If you weren’t looking forward to displaying the new pro-union poster from the National Labor Relations Board (NLRB) on your breakroom wall, an April 17 court ruling says you don’t have to … at least for several months.
A federal appeals court in Washington, D.C. issued an injunction that indefinitely postpones the employer posting requirement, which was set to take effect on April 30. The much-delayed, controversial 11-by-17-inch poster notifies employees of their rights to form or join a union at their workplace.
The poster is opposed by a coalition of business groups—led by the U.S. Chamber of Commerce and National Association of Manufacturers (NAM)—that sued to stop it. As NAM argues, the posting requirement would be, “an unprecedented attempt by the board to assert power and authority it does not possess.”
Earlier this month, a federal judge in South Carolina agreed that the NLRB lacked the authority to compel employees to display the poster. (Chamber of Commerce v. NLRB). A few weeks earlier, a different federal court in Washington, D.C. ruled the opposite way, upholding the NLRB’s authority to issue the mandate. (National Association of Manufacturers v. NLRB)
This new injunction preserves the status quo until litigation over the issue runs its course. Oral arguments on this case aren’t even scheduled until September 2012 so, at least for the next several months, employers are not required to display the poster.
What should employers do if they’ve already tacked up the poster in their workplaces? The injunction means you can remove it, but you obviously aren’t required to do so.
Note: Some employers that began displaying the poster before this injunction tried to counter its pro-union slant by displaying a separate notice alongside this poster that explains the company’s view on union organizing.
The best strategy: Wait and see what the courts and NLRB decide this fall. If you are ultimately required to tack up this poster, do nothing to call attention to it. If you have a five-in-one laminated poster, it will become a six-in-one poster and most employees won’t notice.
For breaking news on this issue … plus more details and a link to download the printable poster, go to www.theHRSpecialist.com/unionposter.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/31091/no-need-to-display-nlrbs-controversial-union-poster-for-now "
- The Penn State case: Would you or your managers have called police?
- Why Employees Sue: 6 Lessons from the Ultimate Insider
- Office Gifts: From Weird to Wonderful
- 'Keep This Private" May be an Unlawful Request During Internal Investigations
- Watercooler Politics: Can You Discipline 'Overly Political' Workers?