NAHB Update: NLRB Poster Rule Upheld, but Sanctions Disallowed

NAHB has recently alerted HBA members to a new government rule mandating that most employers prominently display a poster in their workplace that advises employees of their right to unionize.

In a case brought by the National Association of Manufacturers (NAM), the U.S. District Court for the District of Columbia has recently upheld the National Labor Relations Board (NLRB) collective bargaining rights poster rule, but has also held that an employer’s failure to display the poster will not be considered to be an unfair labor practice, nor will it toll the statute of limitations for filing an unfair labor practice complaint. 

If the rule lacks these sanctions, it may be unenforceable as a practical matter. However, because there is uncertainty as to whether the NLRB or private parties may assert other enforcement options, NAM has announced its intention to appeal the portion of the court’s decision that upholds the NLRB rule. Read the court’s opinion here. 

A separate challenge to the NLRB collective bargaining rights poster rule, brought by the U.S. Chamber of Commerce, is currently pending in the U.S. District Court for the District of South Carolina. The NLRB poster rule is scheduled to go into effect on April 30, 2012.

Read our previous coverage on the NLRB poster rule here, here, and here.