D.C. Hotline: Not so fast on union posters

A decision by the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit Court has delayed a new rule — set to take effect April 30 — that required workplaces to post right-to-organize notices.

To be in compliance with the new rule, private employers will have to post an 11-in.-by-17-in. notice regarding employee rights to unionize under the National Labor Relations Act. The requirement was set by the National Labor Relations Board (NLRB).

A U.S. District Court for South Carolina disagreed, stating that the NLRB does not have the statutory authority to require business owners to post this notice. A District Court in D.C. found the NLRB rule acceptable, but limited how the agency could enforce it.

Both lower courts, along with the NLRB and private employers, will now await a final decision from the Washington, D.C., appellate court.

“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 the National Lumber and Building Material Dealers Association (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.”