On March 5, the ABC-led Coalition for a Democratic Workplace (CDW) appealed a ruling by a U.S. District Court judge who found that the National Labor Relations Board (NLRB) has the authority to mandate its biased “employee rights” poster.
In addition to the appeal, CDW and several other groups also asked the Court of Appeals to enjoin enforcement of the rule, while the appeal is pending. Currently, the rule is scheduled to go into effect April 30.
The CDW, in conjunction with the National Association of Manufacturers, filed the lawsuit prompting the initial decision on Sept. 26, shortly after the NLRB released the final version of the poster, which contains only a select list of employee rights granted by the National Labor Relations Act (NLRA).
In the lawsuit, both groups asserted that the NLRB does not have the authority under the NLRA to issue the rule, to which the court disagreed. The court held the agency could not impose automatic sanctions for failure to post, as it the rule specified, however. The court went on to clarify that the agency nonetheless could still impose sanctions after investigating the matter if it determines the employer's failure to post in that specific case interfered with employees’ rights or warranted a tolling of the time limits.
In addition to its participation in the lawsuit and appeal, ABC has produced an 11-by-17-inch supplemental notice designed exclusively for nonunion contractors outlining additional rights granted under the NLRA. The supplemental notice is intended for optional use on or after the current April 30 effective date. Please note, the ABC notice can be posted in addition to the NLRB poster in a similar fashion, but not in lieu of it.
The official NLRB notice and ABC’s supplemental notice can be downloaded at www.abc.org/nlrbposter
ABC will keep members and chapters informed of any new developments regarding the legal challenges or the rule’s effective date.