Download Posters

A federal court, which is hearing a challenge to the National Labor Relations Board’s (NLRB) mandate that employers must display a new poster outlining employee rights to unionize, requested that the NLRB postpone the effective date of that rule until April 30, 2012.  The NLRB complied.

The NLRB first sought to impose the rule on November 14, 2011.  After AH&LA and others filed lawsuits challenging the rule, the NLRB initially postponed the requirement to January 31, 2012.  AH&LA hopes to block the rule before its new effective date in April, and is working with the Coalition for a Democratic Workplace to make this happen.

About the Poster Rule
The posters outline very specific guidelines regarding employee rights, according to the final rule on Notification of Employee Rights under the National Labor Relations Act (NLRA) issued by the NLRB.

The rule mandates that every employer covered by the NLRA physically post a 11x17" notice of employees’ rights at "conspicuous places…readily seen by employees, including all places where notices to employees…are customarily posted" and any employer that "customarily communicates" via Intranet or Internet with its employees as to "personnel rules or policies" must display an exact copy of the Notice on such site(s), or a link to the NLRB's Website that reads, "Employee Rights under the National Labor Relations Act."

Compliance
The rule makes an employer's failure or refusal to post the notice (or, presumably, failure to do so appropriately) an unfair labor practice.  The rule also states that an employer's failure to post the notice will likely serve to extend the six-month limitation period for filing unfair labor practice charges, and may be evidence of anti-union motivation in any NLRB proceeding where motive is an issue.

Employers may download and print the poster from the NLRB Website, also available in various languages.  Additional information can be found on AH&LA’s Website.

Further Action
AH&LA has been informing Congress about the NLRB’s unprecedented actions it has taken against employers.  In response, House Committee on Education and the Workforce Chairman John Kline (R-MN) introduced H.R. 3094, the Workforce Democracy and Fairness Act, which would help prevent the NLRB from continuing to pursue an activist agenda through the imposition of radical changes to labor law through regulations.

AH&LA supports the Workforce Democracy and Fairness Act, which was approved on a bipartisan vote in the House of Representatives on November 30, 2011.  The Senate has not yet taken action on the bill.  The legislation would ensure employers have a voice and are able to participate in a fair union election process, and ensure that workers have the ability to make a fully informed decision in a union election, among other things to protect employees and employers alike.