Originally published in Anderson Kill's Employment Law Insider Alert

On March 2, 2012, a federal district court in Washington, D.C., upheld the right of the National Labor Relations Board (NLRB) to require employers subject to the National Labor Relations Act to display a poster notifying employees of their right to unionize. The NLRB had twice previously postponed the effective date of the notice. The court did rule, however, that an employer's failure to post the notice, by itself, would not constitute a per se unfair labor practice, but merely evidence of such a violation. Nevertheless, it appears that the notice now must be posted by employers no later than April 30, 2012, and that, as a result, employers should prepare for the possibility of increased union activity or interest by employees.

The original requirement is described in the September 2011 issue of Anderson Kill's Employment Law Insider Alert "Another Employer Obligation — NLRB Issues New Regulations Requiring Employers to Post Notice of Employee Rights to Unionize."1

Most private sector employers will be required to post the 11-inch by 17-inch notice which will be available at no cost from the NLRB and through its website.2 Additional information and a link to the official poster issued by the NLRB are available on our website.3

No other changes in the original rule or notice have been made.

Note: We will continue to monitor developments as well as additional forms and guidelines developed by the NLRB. Please contact the author, Bennett Pine, if you have any questions or require additional information.

Footnotes

1 http://www.andersonkill.com/webpdfext/publications/ELI/PDF/EmploymentLawInsider-September2011.pdf
2 https://www.nlrb.gov/poster
3 http://www.andersonkill.com/news_article.asp?newsid=1210

Bennett Pine is a shareholder in Anderson Kill's New York and Newark offices and is chair of the firm's employment & labor group. Mr. Pine has broad-based labor and employment law experience and regularly plays a hands-on role offering preventative maintenance advice and counseling to employers in the full range of legal issues affecting the workplace.

About Anderson Kill & Olick, P.C.

Anderson Kill practices law in the areas of Insurance Recovery, Anti-Counterfeiting, Antitrust, Bankruptcy, Commercial Litigation, Corporate & Securities, Employment & Labor Law, Health Reform, Intellectual Property, International Arbitration, Real Estate & Construction, Tax, and Trusts & Estates. Best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes, with no ties to insurance companies and no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Newark, NJ, Philadelphia, PA, Stamford, CT, Ventura, CA and Washington, DC. For companies seeking to do business internationally, Anderson Kill, through its membership in Interleges, a consortium of similar law firms in some 20 countries, can provide service throughout the world.

Anderson Kill represents policyholders only in insurance coverage disputes, with no ties to insurance companies, no conflicts of interest, and no compromises in its devotion to policyholder interests alone.

The information appearing in this article does not constitute legal advice or opinion. Such advice and opinion are provided by the firm only upon engagement with respect to specific factual situations