A move by the National Labor Relations Board requiring most private-sector employers to post signage informing employees of their right to unionize was temporarily stopped today by a federal appeals court, the Associated Press reports.
The act was approved last month by the U.S. Court of Appeals for the District of Columbia after being postponed twice and was slated for an April 30 launch. But last week’s challenge to the decision by the South Carolina District Court, saying that the Board “lacked authority” to disseminate the rule, will again postpone enforcement. The ruling intends to inform workers of their rights under the National Labor Relations Act. Should it be approved, employers would be required to post one 11-inch-by-7-inch or two 8.5-inch-by-11-inch documents in a visible location near similar rule and policy postings as well as through an internal or external website if other policies are posted on those platforms, the NLRB says.
In a statement Wednesday, Michael O'Brien, president & CEO of the National Lumber and Building Material Dealers Association, called the challenge a "big win" for dealers. "I hope the decision by the D.C. Circuit will help the NLRB strike a better balance between the rights of employers and unions," he said.
The Associated General Contractors of America speculates that the earliest the regulation will go into effect would be the fall. AGC notes, too, its membership in the Coalition for a Democratic Workplace, which requested the injunction following the D.C. district court’s approval. CDW chairman Geoffrey Burr said in a statement yesterday that the federal government “dramatically overstepped its bounds.” He added that “while these victories are not final, they are crucial.”
In an NLRB release Tuesday, Chairman Mark Gaston Pearce commented that “requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”