Although litigation continues to determine whether the National Labor Relations Board may require virtually all employers to post a notice of certain rights afforded under the National Labor Relations Act regardless of whether its employees are organized, April 30, 2012 is the date on which employers must comply. As of April 30, all employers must post the notice in a conspicuous place, typically where other government mandated notices concerning wage and hour laws and other employee rights are located. A coalition of employer groups sued the NLRB in federal court in Washington, D.C. seeking to have the court hold that the requirement was beyond the Board’s authority. The court upheld the NLRB’s authority to require the poster but ruled the NLRB may not deem the failure to post the notice as an unfair labor practice by itself or to suspend the statute of limitations on employees’ unfair labor practice charges. The court’s ruling does permit the NLRB to find the failure to post the notice to be evidence of union animus in unfair labor practice proceedings on a case by case basis. We expect the NLRB to take that position in virtually all cases, the significance of which will vary according to the specific circumstances of each employer.
Unless and until the District of Columbia Court of Appeals orders otherwise, employers desiring to comply with NLRB’s mandate must post the notice by April 30, 2012. A copy of the notice may be found at www.nlrb.gov/poster.