NLRB Poster Rule: Taken Down Before It Goes Up?

“The National Labor Relations Board has been very active in promoting a number of pro-union initiatives, prompting critics to accuse the Board of being more concerned with unions than with employees. Now the Board is facing both legal and legislative challenges.”

The NLRB’s rule requiring all employers to post notice informing employees of their rights to join a union has not yet gone into effect, but the lawsuits have already begun. Will the NLRB poster rule be taken down before it even goes up? From lawyers and law firms on JD Supra:

NLRB Under Fire for Alleged Overreaching (Warner Norcross & Judd):

“The National Association of Manufacturers recently sued the NLRB in U.S. District Court in Washington, D.C. The lawsuit seeks to block a rule requiring employers to post notices informing workers of their right to join a union. The trade group claims the NLRB lacks the legal authority to mandate the posting, which, if the challenge is unsuccessful, will affect most private-sector companies in the U.S. and will go into effect on Nov. 14, 2011.” Read more»

NLRB Makes New Poster Available Amid Legal and Legislative Challenges to Rule Requiring Its Posting (Franczek Radelet P.C.):

“NAM’s complaint argues that ‘[t]he Board’s promulgation of the Rule is in excess of the Board’s statutory jurisdiction, authority, limitation, and rights.’ The NAM’s complaint requests that the court permanently enjoin the NLRB from ‘implementation, enforcement, and application of the Rule.’” Read more»

National Labor Relations Board Exerts Its Authority Over All Employers: Mandatory Poster Effective November 14, 2011 (Lowenstein Sandler PC):

“The lawsuit asks the NLRB to set aside promulgation of the rule and alleges that the NLRB is acting outside the scope of its jurisdiction. Indeed, the rule represents the first time the NLRB has required the posting of such a notice since the NLRA was passed in 1935.” Read more»

Board Releases Notice of Employee Rights Poster; Lawsuit Filed to Block Implementation of Final Rule (Ford & Harrison LLP):

“Finally, the lawsuit claims that the Board exceeded its authority by providing that an employer’s failure to post the notice may toll the statute of limitations in an unfair labor practice charge.” Read more»

Inside The Beltway Alert – Critical Developments in Labor & Employment Law (John Raudabaugh):

“On September 16, 2011, the National Federation of Independent Business … and the National Right to Work Legal Defense and Education Foundation, Inc. jointly filed suit in the Federal District Court for the District of Columbia asking the court to declare the Board’s rule unlawful and unenforceable and to issue a preliminary and permanent injunction ordering the Board to cease and desist from implementing and enforcing the notice posting rule.” Read more»


See also: Private Employers Must Post Notice of Employee Rights – NLRB Final Rule


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