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.