Recently, we pointed out that the effort by the National Labor Relations Board to impose on all employers an obligation to post notices about union organizing rights remains stalled. That article resulted in some questions about whether federal contractors and subcontractors are still required to post a notice about union organizing.
Continue Reading Union Organizing Posting Rules: Reminder that Federal Contractors and Subcontractors Must Still Post

When we left off, numerous business groups had lobbed the first attack at President Barack Obama’s three recess appointments to the National Labor Relations Board (“NLRB”) by adding it to their pending lawsuit challenging the NLRB’s highly controversial “Notice Posting Rule,” set to take effect on April 30, 2012.
Continue Reading The Saga Continues…While the NLRB Fights Back and Gets Hit Once Again, Congress Gets in on the Action

As we reported previously, the National Labor Relations Board (“NLRB”) issued a rule in August requiring all employers to post workplace notices about employee rights to join a union. This effort by the NLRB to require posting about union organizing rights in all workplaces has caught the attention of the employer community more than any NLRB action in recent memory.
Continue Reading Arguments Begin In Legal Challenges to NLRB Posting Rule

We reported earlier about the NLRB notice-posting rule, which was to take effect on November 14, 2011. The rule applies to all companies subject to NLRB jurisdiction. (See discussion below of NLRB jurisdiction.) The rule requires companies to post in the workplace notices to employees about their rights to join a union. Not surprisingly, the proposed rule has generated a great deal of attention and some controversy. Recently, we reported on the first lawsuit, filed by the National Association of Manufacturers, to challenge the NLRB’s right to impose this rule. Since then, a number of other lawsuits have been filed, including lawsuits filed by the U.S. Chamber of Commerce, the National Right to Work Foundation and the National Federation of Independent Business.

Possibly in response to those lawsuits, the NLRB earlier today issued a notice on its web site saying that the posting requirement is now postponed to January 31, 2012. The Board’s stated reason is to allow time for "enhanced education and outreach to employers, particularly those who operate small and medium-sized businesses." Indeed, we have received a number of questions regarding the scope of the posting requirement. For instance, many are asking whether the Board’s posting requirement will apply to a particular company or industry. To put it briefly, just about every company in the private sector outside of a few very specific industries is covered by NLRB jurisdiction. For example, certain employers in the railroad, airline, and agricultural industries and federal, state, and local municipal government entities are not covered by the NLRA. Some religious institutions are not covered. But most employers in all other industries are covered.Continue Reading NLRB Posting Requirement Delay – New Date – January 31, 2012