Conflicting decisions at the district court level have caused the Circuit Court of Appeals in Washington, D.C., to delay a final rule requiring private-sector employers to post 11x17-inch signs notifying employees of their right to collectively bargain.
The rule, which was created by the National Labor Relations Board, was slated to take effect April 30. At issue is the NLRB's authority to issue, promulgate and enforce the rule.
"We continue to believe 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," said NLRB Chairman Mark Gaston Pearce.
The National Lumber and Building Material Dealers Association disagrees with the NLRB, however. "This ruling is a big win for NLBMDA members and we are pleased the courts recognized the administration exceeded its authority regarding the union poster rule," said Michael O'Brien, president and CEO of NLBMDA. "I hope the decision by the D.C. circuit will help the NLRB strike a better balance between the rights of employers and unions."
