NLRB's Posting Rule Survives - For Now

Business groups took one on the chin recently when their challenge to the National Labor Relations Boards’ (“NLRB”) new posting rule was upheld by the opinion of a judge in the United States District Court in Washington, D.C. With that decision, it becomes a little more likely that employers will be required to follow the new posting requirement by April 30, 2012, the newest date set by the NLRB for the rule to take effect. 76 Fed. Reg. 82,133 (Dec. 30, 2011). Nonetheless, the fight against the posting requirement continues.

The notice, which is available for review and printing on the NLRB’s website describes the National
Labor Relations Act (“NLRA”) and then states the following:

Under the NLRA, you have the right to:
• Organize a union to negotiate with your employer concerning your wages,
hours, and other terms and conditions of employment.
• Form, join or assist a union.
• Bargain collectively through representatives of employees’ own choosing
for a contract with your employer setting your wages, benefits, hours, and
other working conditions.
• Discuss your wages and benefits and other terms and conditions of
employment or union organizing with your co-workers or a union.
• Take action with one or more co-workers to improve your working
conditions by, among other means, raising work-related complaints
directly with your 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.

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