NLBMDA Welcomes Delay to NLRB Poster RuleApril 19th, 2012 by DWM Magazine
The National Lumber and Building Material Dealers Association (NLBMDA) is applauding the recent decision by the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit delaying the National Labor Relations Board (NLRB) union poster rule. The rule would have required private employers to post an 11- by17-inch notice regarding employee rights to unionize under the National Labor Relations Act. It was set to take effect on April 30 but will now be postponed until the appeal is decided, according to the announcement.
The U.S. Court of Appeals for the D.C. Circuit decision follows the ruling issued last week by the U.S. District Court for South Carolina, stating that the NLRB does not have the statutory authority to require business owners to post this notice. According to the NLBMDA, in a March ruling at odds with the decision in South Carolina, the District Court for D.C. found the NLRB rule acceptable, but limited how the agency could enforce it.
“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,” says 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.”