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The ongoing back and forth surrounding the pending mandatory posting of a new NLRA Federal Labor Law Poster continues.
In March 2012, the District of Columbia Circuit Court of Appeals held that the National Labor Relations Board did in fact have the authority to require employers covered by the National Labor Relations Act to post a workplace notice regarding employee rights under the Act and that the April 30th deadline remained effective. This posting affects nearly all private US businesses regardless of the company’s union status.
A few weeks later in April, the South Carolina District Court, ruled that the NLRB lacked authority to enforce the rule. Response to an emergency injunction filed by the National Association of Manufacturers and the Coalition for a Democratic Workplace and the DC case, the DC court decided to withhold enforcement until the discrepancies are resolved.
It is important to note that this latest legal dispute is not about the information contained in the posting, which simply outlines the rights employees have under the NLRA (and have had for decades). Rather, the challenge is whether the NLRB has the authority to require businesses to display those rights.
Because the content of the posting is still valid, businesses displaying a new federal poster with the NLRB notice are in full compliance. Businesses displaying the previous version without the notice also are in full compliance until the NLRB announces a new effective date.
We will continue to monitor the situation closely for any new developments.