National Labor Relations Board Gives up on Mandatory Employer Posters

We have advised you in prior alerts that the National Labor Relations Board (“NLRB”) issued a Rule in 2011 compelling employers generally to post a new federal poster, informing employees of their rights under the National Labor Relations Act (“NLRA”). Specifically, the Rule requires employers covered by the NLRA to post the notice “in conspicuous places where [it] is readily seen by employees, including all places where notices to employees concerning personnel rules or policies are customarily posted.” This Rule extends to non-union employers as well as unionized employers.

The deadline for these postings had been extended a couple of times to account for the fact that the federal government was sued in a number of cases in an attempt to have the Rule declared illegal. Appellate Courts in other regions had ultimately decided that the Rule as issued was unenforceable.

Now, the NLRB has formally announced this week that it is giving up the court fights and will not seek further appeals.

As a result, employers no longer have a legal duty to use the NLRB poster in the workplace.

That said, the court battles were focused only on the posters. As the NLRB emphasized, employees continue to have rights under the federal law, including the rights to:

• Organize a union to negotiate with employers concerning wages, hours, and other terms and conditions of employment.
• Form, join or assist a union.
• Bargain collectively through representatives of employees’ own choosing for a contract setting wages, benefits, hours, and other working conditions.
• Discuss terms and conditions of employment or union organizing with co-workers or a union.
• Engage in protected concerted activities with one or more co-workers to improve wages, benefits and other working conditions.
• Choose not to do any of these activities, including joining or remaining a member of a union.

These rights remain in effect whether or not there is a poster alerting employees to them.

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