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National Restaurant Association - Court battles continue on April 30 NLRB poster mandate

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Court battles continue on April 30 NLRB poster mandate

With an April 30 deadline looming, business groups and the National Labor Relations Board continue to battle it out in court over whether the federal agency can move forward in enforcing a new poster mandate for private businesses.

The legal challenge concerns an NLRB regulation that goes into effect April 30 and that will require most businesses to post a new 11" x 17" workplace notice advising employees of their rights to organize into unions.

The National Restaurant Association, through the Coalition for a Democratic Workplace, is one of the business groups that sued to block the mandate, arguing that the NLRB overstepped its authority in requiring the poster. A federal district court ruled March 2 that the NLRB may require employers to hang the poster -- but doesn't have the right to deem an employer's failure to post as an unfair labor practice.

The business groups appealed the district-court ruling upholding the NLRB's authority to mandate the poster, and recently filed an emergency motion asking the appeals court to delay the poster mandate's April 30 effective date until the appeal can be heard. The business groups noted that the NLRB "waited more than 75 years" to publish the rule and "can therefore afford to wait a short time longer before the Rule goes into effect."

The NLRB responded this week, asking the appeals court to reject the business groups' request and let the poster mandate proceed as scheduled on April 30. There's no word from the court yet on what it intends to do.

Get full coverage of the poster controversy.

 

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