NLRB Poster is Dead At Least for the Rest of 2012

by Michael Haberman on April 25, 2012 · 1 comment


 

Courts Kill the Wicked Witch aka the NLRB Poster

Sing along with me, but substitute the word “poster” for “witch”.

Ding Dong! The Witch is Dead!

Ding Dong! The Witch is Dead!

Which old witch? The Wicked Witch.

Ding Dong! The Wicked Witch Is Dead!

(Close your eyes and you may be able to see Munchkins as you sing.)

Why am I singing? Because the NLRB poster, the one that you were to post by April 30th, is dead for at least the rest of 2012.

For those of you that have not been paying attention, or you rely only on me for your HR news (Lord help you), two courts have struck major blows to the poster in the past two weeks. First a Federal court in South Carolina invalidated the NLRB’s authority to require employers to put up the poster. But they did not totally remove the responsibility of employers to post it. Then less than a week ago, on April 17th the U.S. Court of Appeals for the D.C. Circuit said, and I paraphrase, there is too much confusion right now on this issue, so we are going to halt all of this until we can get back into court and work this out. And that is not going to happen until the end of September 2012. So get your paperwork together.

So for the time-being employers do NOT have to put a poster up informing employees of their right to unionize (as if they did not know that). I hope you didn’t buy one of those fancy laminated posters the poster companies were pushing. It is useless now.

The future of this requirement may be very hazy. Much depends on the outcome of the election. If there is a party-in-power change then the make-up of the NLRB will change and that will kill the poster for ever. If not, it may still be 2013 before this comes back up.

Stay tuned….

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