NLRB Delays Poster Requirement

The National Labor Relations Board announced that it is pushing back the date by which employers are required to post the new poster outlining employees’ right to organize and bargain collectively. January 31, 2012 is the new effective date.

The Texas Restaurant Association (TRA), 30 other state restaurant associations and the National Restaurant Association (NRA) are adamantly opposed to this requirement. The associations joined with other groups representing millions of employers to file comments in February urging the agency to withdraw the rule. NLRB however moved forward and the rule was made final in August.

Two lawsuits have been filed to block the requirement. The first lawsuit was filed by the National Association of Manufactures. The Coalition for a Democratic Workforce recently joined that lawsuit and the NRA is a member of the coalition. The second lawsuit was filed by the US Chamber of Commerce and various state Chambers of Commerce. A bill also is pending in Congress to repeal the mandate. The lawsuits likely influenced NLRB’s action, however the agency claims the purpose of the delay is “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”

NOTE : Some poster companies are already promoting and selling the NLRB posters. There is no need to purchase a poster with the NLRB information at this time. Restaurants will have plenty of notice as to whether or not the January 2012 effective date remains in place. In the event that the posters do become required by that date, TRA has worked with the company that currently provides our workplace posters to create two combined workplace posters available at the same TRA member price of $24.95. One includes all Texas required posters and the other includes all Federal required posters, including the new NLRB poster. Or you can download the NLRB poster for free from their website.