Category : Federal Labor Law Poster
No NLRA Poster Required By April 30th After All; Deadline Postponed for 3rd Time!
April 18th, 2012The deadline for posting the NLRA poster (National Labor Relations Act) has been postponed for the third time – this time until September at the earliest.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued an injunction today against implementation of the National Labor Relations Board (NLRB) posting rule, pending appeal.
The injunction is in effect until a decision is made in the appeal of the D.C. District Court decision in National Association of Manufacturers v. the NLRB, which found that the NLRB posting rule was lawful. The final phase of the appeal is set for the month of September.
The federal judges panel referred to the April 13th decision of the U.S. District Court for South Carolina in U.S. Chamber of Commerce v. the NLRB, which conflicted with the D.C. court ruling. The South Carolina decision struck down the NLRB’s poster rule, stating that the NLRB does not have the authority to issue a poster requirement.
Poster Compliance Center will continue to closely monitor the situation and advise employers of any significant future developments.
If you are tired of trying to keep up with the changing requirements for just this one poster, let us take care of all of your required labor law posters. To learn about our OneSystem with automatic updates, go to our OneSystem 1-Year Compliance Plan page or call 800-322-3636.
Federal Judge Refuses to Block NLRA Poster Requirement; April 30th Deadline Stands
March 14th, 2012Following the ruling by U.S. District Court Judge Amy Berman Jackson on March 2nd that the National Labor Relations Board has the authority to require businesses to display the new NLRA poster, an appeal was immediately filed by the plaintiffs (March 5th), led by the National Association of Manufacturers.
Included with the appeal was a request for an injunction to block the poster requirement pending a decision on the appeal. Two days later – on March 7th – the federal District Court (for D.C.) denied the request for an injunction, and the April 30th posting deadline still stands.
Although the injunction was denied, the appeal filed by the plaintiffs is still in effect, as well as a similar lawsuit brought by the U.S. Chamber of Commerce against the NLRB in U.S. District Court in South Carolina. The U.S. Chamber is currently awaiting a decision in that case.
If you are covered by our OneSystem 1-Year Compliance Plan, you will automatically receive your new federal poster including the NLRA poster before the April 30th deadline, or go to our OneSystem 1-Year Compliance Plan page to learn more about this plan which features automatic updates.
Major Business Groups Challenge Decision Upholding NLRA Posting Requirement
March 7th, 2012A powerful group of business associations is appealing a decision by a federal district court in Washington, D.C.
The appeal revolves around the National Labor Relations Board (NLRB) and its requirement mandating that most private employers display a new poster informing workers that they have a right to form a union.
In a March 2 decision, U.S. District Court Judge Amy Berman Jackson upheld an NLRB requirement that businesses display a very large poster defining employee rights under the federal National Labor Relations Act (NLRA).
Judge Berman Jackson also ruled that the NLRB does not have the legal authority to enforce the posting requirement as an unfair labor practice. However, an unfair labor practice charge can be considered in individual cases.
The requirement to display the NLRA poster has been delayed twice and now has an April 30, 2012 deadline for businesses to meet the mandatory posting rule.
Judge Berman Jackson’s decision is being challenged in the Federal Court of Appeals in Washington, D.C. by a coalition of business groups, including the National Federation of Independent Businesses, the National Association of Manufacturers and the Coalition for a Democratic Workplace.
In her decision, the judge represented that the NLRB was well within its authority to issue the posting requirement and that it is a reasonable means of promoting awareness to employees of their legal right to form unions or engage in collective bargaining.
The business associations’ claim in their appeal that the NLRB does not have rulemaking authority. Additionally, that by the NLRB requiring these posters businesses would be compelled to represent a position against their will and in violation of the free speech rights under the First Amendment.
In addition to the legal challenge from the business associations, three pieces of legislation designed to prevent enactment of the NLRA posting requirement have been introduced in the U.S. Senate and House of Representatives. Those bills — S.166, H.R. 2833 and H.R. 2854– have been referred to legislative committees for further consideration.
We will continue to monitor appellate court developments and legislative action as they pertain to the NLRA posting requirement. We will publish an updated federal labor law poster with the new NLRA poster before the April 30 deadline, subject to developments.
For further information, please call us at 1-800-322-3636 or visit postercompliance.com
Legal Challenges to NLRA Poster Requirement Grow
January 26th, 2012The latest development in the ongoing case in U.S. District Court (D.C.) of National Association of Manufacturers (NAM) v. National Labor Relations Board (NLRB) is a new motion challenging the legality of President Barack Obama’s recent recess appointments to the NLRB, which were made without Senate confirmation.
NAM, the National Federation of Independent Business (NFIB) and several other business groups filed the suit to block the new NLRA poster requirement, which has been postponed twice and now has a new posting deadline of April 30th.
The new filing by the National Federation of Independent Business (NFIB) and the National Right to Work Foundation (NRTW) argues that the NLRA poster requirement can only be implemented and enforced by a legitimate board.
The motion was filed after NLRB lawyers notified the court that President Obama’s new recess appointees were now parties in the ongoing legal case.
We will publish an updated federal labor law poster with the new NLRA poster before the new April 30 deadline. This new federal poster will be covered under our Poster Compliance Center OneSystem 1-Year Compliance Plan with automatic updates.
If you have any questions or would like further information, please call us at 1-800-322-3636.
NLRA Poster Deadline Postponed Until April 30
December 23rd, 2011The deadline for posting the new NLRA poster (National Labor Relations Act) for private employers has been postponed until April 30, 2012, by the NLRB (National Labor Relations Board).
This is the second time the NLRB has postponed the poster requirement. The first postponement was from the original effective date of Nov. 14, 2011, to Jan. 31, 2012.
The deadline was postponed today by the NLRB at the request of Judge Amy Berman Jackson of U.S. District Court (D.C.), following a Dec. 19 hearing to consider legal arguments in the case of the National Association of Manufacturers (NAM) v. NLRB.
NAM, the National Federation of Independent Business (NFIB) and several other business groups filed the suit to block the new NLRA poster requirement.
We will publish an updated federal labor law poster with the new NLRA poster before the new April 30 deadline. This new federal poster will be covered under our Poster Compliance Center OneSystem 1-Year Compliance Plan with automatic updates.
If you have any questions or would like further information, please call us at 1-800-322-3636.
New NLRA Poster Now Faces 6 Challenges
October 26th, 2011The challenges facing the new NLRA poster requirement (National Labor Relations Act) for private employers have now grown to 6: 3 lawsuits and 3 bills in Congress.
Two of the lawsuits attempting to block the NLRA poster requirement were filed in U.S. District Court in D.C. by NAM (National Association of Manufacturers), and by the National Right to Work Legal Defense & Educational Foundation and NFIB (National Federation of Independent Business).
These two suits have now been consolidated and will be heard Dec. 19. It is anticipated that the court will make a decision before the new Jan. 31, 2012, required posting date.
The U.S. Chamber of Commerce has filed a third lawsuit in U.S. District Court in South Carolina.
On the legislative side, two bills have been introduced in the U.S. House of Representatives, and a new bill was recently introduced in the U.S. Senate.
Employers will still be required to post the new NLRA poster by the effective date of Jan. 31, unless the courts or a new law block or rescind the poster requirement.
We will continue to monitor the situation closely.
New NLRA Poster Deadline Postponed Until Jan. 31
October 6th, 2011The NLRB (National Labor Relations Board) has postponed the deadline by which private employers must post the new NLRA poster (National Labor Relations Act) until Jan. 31, 2012.
According to the NLRB, only the effective date has changed, and the requirements for the poster itself will stay the same.
For more information about the new NLRA poster requirement for private employers, as well as the latest update on several legal challenges it is facing, go to our PCC Labor Law News.
We will publish an updated federal labor law poster with the new NLRA poster before the new Jan. 31 deadline. This new federal poster will be covered under our OneSystem 1-Year Compliance Plan with automatic updates.
If you have any questions or would like further information, call our PCC Customer Service Department at 1-800-322-3636.
New Mandatory NLRA Poster & Federal Contractor Exception
October 3rd, 2011Ever since the requirement for the new NLRA poster (National Labor Relations Act) for private employers was issued, there have been questions from some of our customers wondering if they must post this new poster or the similar mandatory NLRA poster for federal contractors that was issued in June 2010.
If you have been wondering about this, here is a quick overview of the 2010 federal contractor NLRA poster requirement:
- Federal contractors are businesses or organizations who have contracts with the federal government.
- The NLRA poster for federal contractors (issued by the U.S. Department of Labor) is mandatory for federal contractors or sub-contractors of federal contractors.
- Exceptions: The NLRA poster requirement for federal contractors does not apply to federal contracts under $100,000 or sub-contracts under $10,000.
Federal contractors who have been required since June 2010 to post the NLRA federal contractor poster do not need to post the new NLRA poster for private employers.
We are currently publishing a new federal labor law poster with the new NLRA poster for private employers, which must be posted by Nov. 14. This new federal poster will be covered under our OneSystem 1-Year Compliance Plan.
For more information about the federal labor law poster or the 1-Year Compliance Plan with automatic updates, go to the Poster Compliance Center federal labor law poster page or call 1-800-322-3636.
Q & A #2 for New Mandatory Federal NLRA Poster
September 23rd, 2011Here are more answers to questions you may have about the new required NLRA poster (National Labor Relations Act), which most private employers must post by Nov. 14 to notify their employees of their rights under the NLRA.
Q: Have there been any legal or legislative challenges to the NLRB (National Labor Relations Board) regarding the new posting requirement?
A: Yes. Currently there are three lawsuits that have been filed against the NLRB in federal court (by the National Association of Manufacturers, the U.S. Chamber of Commerce and the National Federation of Independent Businesses) requesting that the posting requirement be rescinded. In addition, two bills with the same goal have been introduced in the U.S. House of Representatives.
Employers will still be required to post the new NLRA poster beginning Nov. 14, unless the courts or a new law rescind the poster requirement.
Q: Does the poster have to be a specific size?
A: Yes. The poster must be 11” x 17” and follow the same format and fonts as the original notice issued by the NLRB. Our new federal poster will meet all of the posting requirements.
Q: Are there specific industries that do not have to post the new poster?
A: According to the NLRB, agricultural, railroad and airline employers are excluded from the NLRA.
Q: Are there any other exceptions to the posting requirement?
A: Yes. The rules about the NLRB’s jurisdiction are complex and may depend on the type of business involved. Specific information can be found in the NLRB Final Rule, in Section 104.204, titled “What entities are not subject to this part?”
Q: Where must the new poster be posted?
A: Private employers must post the new federal labor law poster where other workplace notices are typically posted.
Q: Is there an electronic notice requirement in addition to the posting requirement?
A: Yes. In addition to physical posting, employers who customarily post personnel rules and policies on an intranet or internet site must also post the new poster there.
Q: Are there any penalties for not posting the new NLRA poster?
A: There are no fines for not posting. However, failure to post the notice may be treated as an unfair labor practice under the NLRA, according to the NLRB.
For further information about our federal labor law poster or to learn more about our OneSystem 1-Year Compliance Plan with automatic updates, go to the federal labor law poster page or call Poster Compliance Center at 1-800-322-3636.
Q & A for New Mandatory Federal NLRA Poster
September 19th, 2011Here are the answers to some of your questions about the new required NLRA poster (National Labor Relations Act), “Employee Rights Under the National Labor Relations Act”, which must be posted beginning Nov. 14 by most private-sector employers.
Q: Has the new poster been released by the National Labor Relations Board?
A: Yes. It was released Sept. 14.
Q: Will the new NLRA poster be added to the Poster Compliance Center federal labor law poster?
A: Yes. It is currently in production and will be automatically sent to all customers on our OneSystem 1-Year Compliance Plan.
Q: Do federal contractors or sub-contractors need to post the new NLRA poster?
A: No. They are already required to post a similar NLRA poster that was issued by the U.S. Department of Labor in June 2010.
Q: Are we required to post the new NLRA poster even though our company is non-union?
A: Yes, because NLRA rights apply to both union and non-union workplaces.
Q: Will the poster be required in languages other than English?
A: Yes. The notice must be posted in English and in another language “if at least 20% of employees are not proficient in English”, according to the NLRB. We will publish the NLRA poster in Spanish when the NLRB issues the official translation.
Watch for our next blog later this week for more answers to questions about the new NLRA poster. For further information about our federal labor law poster or to learn more about our OneSystem 1-Year Compliance Plan with automatic updates, go to the federal labor law poster page or call Poster Compliance Center at 1-800-322-3636.
