Late on Friday, April 13, 2012 another twist on the notice came from a federal district judge in South Carolina that ruled that the National Labor Relations Board (NLRB) did not have the authority to require most private employers to post the employee rights notice. 

We are awaiting a decision to determine whether Friday’s ruling would or should cause the suspension of the board’s order just in South Carolina or nationwide.  At this time companies should be prepared to post the Notice by April 30, 2012 until further clarification from the NLRB has been received. 

Background

On August 25, 2011, the National Labor Relations Board published its final rule requiring employers to post notices informing employees of their rights under the Nation Labor Relations Act (NLRA).  This final rule required employers to post an Employee Rights Notice by November 14, 2011.  The notice includes a wide-ranging list of employees’ rights under the NLRA, including: the right to engage in concerted activity to improve wages and working conditions; the right to form, join and assist a union; the right to collectively bargain with their employer; and the right to refrain from engaging in any of these activities. 

The rule applies to all employers subject to the NLRA (most non-government employers), regardless of whether the employer currently has union or non-union employees.  Where employers post employment notices electronically, the rule requires the new notice to be posted in that medium as well. Under the rule, the failure to post the required notice may be considered an unfair labor practice. 

Since the ruling on August 25, 2011, the date required to post the Notice has been moved several times.  This is just another twist in the Employee Rights Notice. 

The Labor and Employment Law Attorneys at CGA Law Firm will keep you apprised as the saga continues to unfold.