NLRB postpones effective date of union rights posting rule

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NLRB postpones effective date of union rights posting rule

Makes new date April 30 at request of federal court

At the request of the U.S. District Court for the District of Columbia, the National Labor Relations Board has agreed to postpone the effective date of its ruling to require most private-sector employers to notify employees of their rights to form, join or assist a union and engage in collective bargaining.

The new effective date is April 30, 2012.

The original effective date of the requirement was Nov. 14, 2011.

The posting requirement is currently facing a legal challenge from the National Association of Manufacturers. NAM's suit asks NLRB to set aside promulgation of the rule, and alleges that the board has overstepped its statutory authority and ignored congressional intent.

The PA Chamber agrees. It and nationwide business groups have spoken out against the rule and NLRB's increasingly "big labor" slant. In February of this year, the PA Chamber sent a letter to the NLRB arguing that the posting requirement was biased, confusing and incomplete because it failed to explain the negative impacts of unionization, such as giving up the ability to deal directly with an employer. The PA Chamber also pointed out that the notice failed to mention consequences for union employees stemming from refusal to pay dues for political purposes or withdrawing their union membership.

The PA Chamber is concerned that NLRB and its policies are not striking an appropriate balance between the concerns of employers, unions and employees. The union rights posting requirement is just one of several recent examples.

Additional information about NLRB’s rule, including the notice itself, is available here.

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Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business.

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