Mandatory Posting
briansch1
14 Posts
General question. How is everyone handling the mandatory posting this month. Are you going to just post it as it is just another update or have a meeting with your employees calling out the union language? I am thinking I will just post it and field the questions as they come in if they come in. What strategy are others using related to the new posting? Thanks
Comments
Briansch1,
Your first post! Welcome to the Forum. :welcome:
Sharon
[Full Disclosure: I use the HR Hero all-in-ones.]
[url]http://blogs.hrhero.com/hrnews/2012/04/17/d-c-circuit-blocks-implementation-of-april-30-posting-requirement/#more-2392[/url]
Employers are not required to post the National Labor Relations Board (NLRB) notice regarding employee rights to unionize under the NLRB until further notice. Yesterday, the D.C. Circuit Court of Appeals entered an injunction temporarily prohibiting the NLRB from enforcing its rule requiring employers to post its employee rights poster. The injunction will allow the D.C. Circuit Court to consider whether the NLRB has the authority to require employers to post the notice.
The D.C. Circuit Court’s injunction temporarily prohibiting the NLRB from enforcing the posting requirement is a result of the conflict between the circuit courts that arose four days earlier when the District Court of South Carolina held that the NLRB does not have the authority to require such a posting without a congressional mandate. The D.C. District Court had previously ruled that the NLRB has the authority to issue and enforce the posting requirement. That decision was appealed to the D.C. Circuit Court, which led to the injunction prohibiting the NLRB from enforcing the posting requirement until the D.C. Circuit Court is able to rule on the appeal.
Considering the court’s schedule, it appears the earliest employers may have to comply with the posting requirement is sometime in September 2012.
Yes, basically, you don't have to post the new poster by the April 30 deadline. The rule can't take effect because the rule is enjoined. So if the rule can't take effect, it can't be enforced.