Executive Summary: This is a reminder that the notice posting requirement imposed by the National Labor Relations Board (NLRB) will take effect April 30, absent court intervention.
In March, a federal trial court in D.C. upheld the Board's right to issue the rule, but struck the enforcement provisions. For more information on this decision, please see our March 2, 2012 Legal Alert, Court Upholds Board's Notice Posting Rule; Strikes Enforcement Provisions, http://www.fordharrison.com/shownews.aspx?show=8103.
The notice posting requirement applies to all employers covered by the National Labor Relations Act (NLRA), both unionized and union-free. It does not apply to employers who are not covered by the NLRA, including, among others, any person subject to the Railway Labor Act, as well as entities over whom the Board has been found not to have jurisdiction or over which the Board has chosen not to assert jurisdiction. Although the penalty provisions of the NLRB rule have been held to be invalid, a union could argue that an employer's failure to post the notice is evidence of its animus towards unions.
Before posting the notice, employers should educate their supervisors and managers on why the company is posting this notice, what it really means, how it impacts the company's culture and philosophy towards its employees and unions, and how to respond to questions from employees regarding the notice.
The poster can be downloaded from the Board's web site at http://www.nlrb.gov/poster/ or employers can purchase all-in-one posters that include the Board notice along with notices required by other agencies.
Employers' Bottom Line:
Employers should train their supervisors and managers on how to respond to questions from employees regarding the notice and unions in general. If you have questions regarding the notice posting requirement or issues that may arise as a result of the posting requirement, please contact the Ford & Harrison attorney with whom you usually work.