Whether or not employers will be required to display a pro-union poster issued by the National Labor Relations Board has been in a state of flux for months, but even more so in the last two weeks. Originally, this workplace notice requirement was to go into effect November 14, 2011, but was delayed until January 31, 2012, after the rule was challenged by Congress as well as by lawsuits filed around the country by employer groups. The posting requirement was again delayed until April 30, 2012, at the request of a federal court judge pending hearings on legal challenges in federal courts in Washington, D.C., and South Carolina.

Our April 5, 2012, employment law update noted that a recent U.S. District Court decision had upheld the NLRB’s right to order the poster. We recommended employers post their own counterpoint poster next to the NLRB-mandated poster. Less than 10 days later, on Friday, April 13, 2012, a federal judge in Charleston, South Carolina, found that the NLRB lacked the authority to require employers to display the pro-union poster. What’s an employer to do?

Article Authored By McAfee & Taft Attorney: Charlie Plumb.

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