The average employers break room looks like a community center corkboard, with dozens of notices and displays that employers are required to post under either federal or state law. The National Labor Relations Board attempted to increase that total by in the summer of 2011, when it issued a rule mandating that a notice be posted informing workers of their right to unionize, collectively bargain, and engage in other workplace activities.
This rule did not mean that the rights afforded workers had changed, but simply that these rights must be posted by employers.
However, this rule has been challenged in court, and two federal circuits, the DC Circuit and the Fourth Circuit (See Nat’l Ass’n of Mfrs. v. Nat’l Labor Relations Bd., 717 F.3d 947 (2013); Chamber of Commerce of U.S. v. Nat’l Labor Relations Bd., 721 F.3d 152 (2013)) have concluded that the NLRB does not have such authority. Recently, the NLRB has decided not to appeal those decisions to the US Supreme Court, effectively killing the rule.
Of course, if you would like to display the NLRBs latest poster, you can access and print it from its website. Similarly, if you are really interested in the goings-on of the NLRB (who isn’t?!), you can download their cellular phone application for either Android or iPhone.
Otherwise, feel free to tear down that 11” x 17” NLRB poster and remember, if you are involved in an employment-related dispute, Prescott Law Group attorneys are standing at-the-ready to meet your legal needs. Call (928) 425-1909 to schedule an attorney conference.
- Current Employment – “NLRB Poster Requirement is Dead”, January 8, 2014
- Employee Rights Under the NLRA poster, 11 x 17 version (pdf), September, 2011
- DC Circuit – Nat’l Ass’n of Mfrs. v. Nat’l Labor Relations Bd. (2013)
- Fourth Circuit – Chamber of Commerce of U.S. v. Nat’l Labor Relations Bd. (2013)