National Labor Relations Board Collective Bargaining Rights Poster:
(Jan. 7, 2014) NLRB Poster Rule Update - from NAHB:
In a victory for NAHB, The National Labor Relations Board (NLRB) announced on 1-2-14 that it will not seek Supreme Court review of the U.S. Court of Appeals decisions in the District of Columbia and the Fourth Circuit that invalidated the NLRB’s Poster Rule. The Rule (see below) would have required employers to post a notice of employee unionization rights in the workplace.
NAHB is a member of the Coalition for a Democratic Workplace, which was a party to the poster rule case decided by the U.S. Court of Appeals for the District of Columbia. NAHB and other business organizations in the Coalition maintained that the poster rule violated free speech rights, and amounted to little more than an imposed advertisement for union membership.
By declining to mount a U.S. Supreme Court Appeal, the NLRB will not be able to impose this rule which had been stayed by a temporary injunction. The Court of Appeals decisions invalidating the rule will now stand.
For more information, visit http://www.nlrb.gov/news-outreach/news-story/nlrbs-notice-posting-rule, or contact David Crump firstname.lastname@example.org (800-368-5242 x8491), or Suzanne Beall email@example.com (800-368-5242 X 8407)
U.S. Court of Appeals for the District of Columbia issues temporary injunction on implementation of the NLRB poster rule (April 17, 2012) - April 30, 2012 effective date for new requirement no longer in effect.
The collective bargaining rights poster is available free for download on the NLRB website. If the rule is implemented, the poster must be hung in a conspicuous place with other workplace rights notices.
The rule will apply to all employers with a gross annual business volume of $500,000 or more, whether or not the employer operates a non-union shop or conducts business in a "right to work” state. The NLRB has indicated that it will not conduct inspections to determine if the poster is in place, but it may take action if an unfair labor practices complaint is filed. The NLRB states on its website that it expects such complaints to be resolved if the employer subsequently agrees to hang the poster, but the agency could take further action if the employer refuses to hang the poster.
For more information, email David Crump at NAHB, or call him at 800-368-5242 x8491, with questions regarding this requirement.
Check with your labor counsel for any updates to laws and regulations.