If you are are regular reader of this blog, you know that by November 14, 2011, most private employers (union and non-union) have to post notice of employees’ federal labor rights to form and join a union. Some of you may have even already posted the NLRB-sanctioned poster.
However, several lawsuits have been filed seeking to have the new NLRB rule declared invalid. The U.S. Chamber of Commerce and the South Carolina Chamber of Commerce sued in federal district court to have the new posting rule declared invalid. The U.S. Chamber’s lawsuit follows on the heels of last week’s suits seeking similar relief by the National Federation of Independent Business and the National Association of Manufacturers.
Given the uncertainty about whether the posting requirement will actually take effect, it may be prudent to wait and see whether one or more federal courts will enjoin the NLRB from enforcing its new rule. And while an injunction may or may not be binding on the NLRB in Texas (because neither lawsuit seeking an injunction was filed in Texas) an injunction could prohibit the NLRB from enforcing it nationwide. In the meantime, employers should hold off on posting the new poster until November 14, 2011 so that the courts have an opportunity to address this issue.
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