Published Date: 01/13/2014
By George Ports
The National Labor Relations Board (NLRB) has decided not to pursue its efforts to require employers subject to the National Labor Relations Act (NLRA) to post the “Notification of Employee Rights Poster.” The poster rule, requiring employers to inform employees of their union rights, was struck down by two federal appeals courts and the NLRB had until January 2, 2014 to appeal these decisions to the US Supreme Court. The decisions were not appealed.
The National Association of Manufacturers (NAM) was one of the main groups opposing this poster rule. CAI’s President and CEO Bruce Clarke is Chairman of NAM’s Labor and Employment Law Subcommittee. Bruce’s comments were published opposing the rule.
The NLRB’s website (http://www.nlrb.gov/poster) informs employers that although their notice requirement has been disallowed by the courts that they can still choose to post it voluntarily.
NAM is now fixing its sights on another union poster rule. Employers subject to the NLRA that are federal contractors and subcontractors are currently required to display the US Department of Labor’s (DOL) poster titled “Notice of Employee Rights Under the National Labor Relations Act.” The language on this poster is very similar to the NLRB’s poster, informing employees of their legal rights to organize unions, bargain collectively, and go on strike without retribution by their employer.
NAM filed a lawsuit on December 18, 2013 challenging this requirement for federal contractors and subcontractors. In the lawsuit NAM maintains that this DOL requirement violates employers’ free speech rights by forcing them to either promote unionization at their workplace or face the possibility of losing federal contracts.
CAI will keep you informed of NAM’s recent challenge to the DOL’s posting requirement. If you need additional information regarding these posters, contact CAI's Advice & Resolution Team at 919‑878‑9222 or 336‑668‑7746.