Tuesday, April 17, 2012

More NLRB Poster Drama

Waaay back in August 2011, the NLRB announced a rule requiring almost all private employers to post an NLRB poster notifying employees of their rights under the NLRA. After numerous delays, it eventually looked like April 30, 2012 would be the day the rule would go into effect...

...Not so fast! On Friday, in Chamber of Commerce v. NLRB (opinion), a South Carolina district judge ruled that the NLRB doesn't have the authority to promulgate the poster requirement (coverage from Labor Relations Today here). Of course, that's just South Carolina - but it certainly casts some doubt on whether the poster requirement is lawful. And, a DC court largely upheld the rule.

If you want to defy the rule, and spend tens (hundreds?) of thousands of dollars being a test case outside of South Carolina, be my guest. I tend to side with Eric Meyer's not-legal-advice opinion: Come April 30, until a court in your jurisdiction rules on it, post it (get 'em here). Of course, keep an eye on NLRB.gov - you never know when there might be another delay...

Image: NLRB logo used in commentary on NLRB. Not official Use.