Thursday, January 12, 2012

NAHB: NLRB right to unionize poster rule delayed until April 30

The National Labor Relations Board has agreed to postpone the effective implementation date of its employee collective bargaining rights poster requirement — which includes a right to unionize notice — to April 30, 2012, depending upon the outcome of several legal challenges.

The requirement was to go in effect on Jan. 31, 2012, but at least three lawsuits have been filed seeking to block the posting requirement — including one by the U.S. Chamber of Commerce. A federal court in Washington, D.C., has delayed its implementation until after hearing legal challenges to the new rule.

The collective bargaining rights poster is available free for download on the NLRB website. If the rule is implemented, the poster must be hung in a conspicuous place with other workplace rights notices.

The rule will apply to all employers with a gross annual business volume of $500,000 or more, whether or not the employer operates a non-union shop or conducts business in a “right to work” state.

The NLRB has indicated that it will not conduct inspections to determine if the poster is in place, but it may take action if an unfair labor practices complaint is filed. The NLRB states on its website that it expects such complaints to be resolved if the employer subsequently agrees to hang the poster, but the agency could take further action if the employer refuses to hang the poster.

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