NLRA Employee Rights Poster Published and Challenged

Last week, the National Labor Relations Board (NLRB) published its anticipated poster notifying employees of their rights under the National Labor Relations Act, including the right to organize and bargain collectively with their employer. The poster can be accessed here along with additional FAQs at www.nlrb.gov.

On September 8, the National Association of Manufacturers (NAM) filed a lawsuit challenging the validity of requiring the posting for all employers covered by the National Labor Relations Act (NLRA). While it is undisputed that the NLRA covers the great majority of employers, regardless of whether their employees are unionized, NAM argues that NLRB authority over employers is limited to where employers are involved in union-organizing campaigns or representation cases and proceedings to address alleged unfair labor practices.
The NLRB, conversely, argues that the posting requirement is a valid exercise of its broad authority to carry out provisions of the NLRA. The NLRB has deemed the posting necessary to address a perceived “knowledge gap” among U.S. workers about their NLRA rights. The posting requirement is not scheduled to take effect until November 14. Failure to post the notice constitutes an unfair labor practice under the regulation, which NAM also disputes. NAM seeks a federal court injunction to stop the NLRB from enforcing the regulation.
Subscribers to MSEC’s employment law poster update service will receive an updated federal poster to include the NLRA rights posting in October. For ordering information email posters@msec.org or call 303.223.5466.