Updated FAQ on New NLRA Poster Requirement

HR Watchdog is following the saga of the National Labor Relations Board (NLRB) and its decision to require employers to post a new notice, along with all the other required notices.

As previously reported, the NLRB decided to require most private-sector employers to post a new notice entitled, "Employee Rights Under the National Labor Relations Act." The NLRB delayed the implementation date of this poster requirement twice because of lawsuits challenging the requirement. As of right now, the current date is April 30, 2012.

Many employers want to know whether they can post what is often referred to as a “counter-poster” near the new NLRA required posting.  It appears that the intended purpose of the counter-poster is to explain the company’s position on unions and the company’s desire to remain union-free. 

Employers should be extremely cautious: Unless carefully drafted, a counter-poster may violate the NLRA and leave the employer vulnerable to an unfair labor practice charge.

CalChamber updated its Q&A document to discuss the question of counter-postings. 

Check HR Watchdog frequently for updates on the poster requirement as it continues to be challenged in the courts.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel