NFIB Opposes the National Labor Relations Board’s New Notice Posting Rule

Date: September 23, 2011

Overview: The National Labor Relations Board’s New Posting Rule

  • The National Labor Relations Board has issued a new rule requiring employers to hang another poster, this time outlining an employee’s right to unionize.
  • The rule will take effect Jan. 31, 2012.
  • The poster is required to be 11 x 17.
  • If a business fails to comply it would be slapped with “unfair labor practice.” This could subject a business to increased scrutiny, likelihood of investigation and an indefinite expansion of the statute of limitations for filing any other unfair labor practice charge.

Who Must Post?

  • Nearly all private-sector employers must comply with the posting requirement.
  • Some groups are exempt from the rule, including public-sector workplaces, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors.
  • Even if you are in a right-to-work state you are still required to hang this poster.

NFIB Files Suit

  • NFIB, along with two NFIB members and the National Right to Work Legal Defense and Education Foundation, has filed a lawsuit to overturn the rule and declare that the NLRB has overstepped its authority. 
  • In response to NFIB’s lawsuit, the NLRB has postponed the date of enforcement until Jan. 31, 2012. 
  • NFIB filed comments when this rule was originally proposed, but the NLRB ignored our arguments. 
  • Members all across the country have called in voicing their opposition to this rule. This is just one more government mandate from Washington. 
  • Small businesses shouldn’t have to advertise for Big Labor. They deserve to run their business how they see fit.

Visit the NLRB website to download the poster or find more information about the rule.

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