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NLRB postpones posting requirement in face of court challenge
PA Chamber members hopeful for rejection of pro-union mandate on employers
The National Labor Relations Board recently announced it would delay until Jan. 31, 2012 the implementation of its employer posting requirement due to a court challenge to the markedly pro-union labor directive. Scheduled to take effect on Nov. 14, 2011, the rule would require most private sector employers to notify employees of their rights to form, join or assist a union and engage in collective bargaining. The PA Chamber and nationwide business groups have spoken out against the rule and the NLRB’s increasingly “big labor” slant. In February, the PA Chamber issued a letter to the NLRB arguing that the posting requirement was biased, confusing and incomplete because it fails to explain the negative impacts of unionization, such as giving up the ability to deal directly with an employer. The PA Chamber also pointed out that the notice fails to mention consequences for union employees stemming from refusal to pay dues for political purposes or withdrawing their union membership. The National Manufacturers Association was the first to file a lawsuit stating that by implementing this rule, the NLRB would be acting outside of its authority and would be in violation of the Administrative Procedure Act. A hearing for summary judgment motions is set for Dec. 19, resulting in the NLRB’s decision to delay implementation. PA Chamber members are hopeful that the court will help ensure a balanced NLRB by rejecting the posting requirement. “Congress rejected radical overhaul of labor law when it refused to pass the Employee Free Choice Act and card check,” the PA Chamber reminded the NLRB in its letter. “Many union leaders would like the board to overhaul as much as possible through regulatory and other administrative action. But the board should resist this temptation and instead focus on maintaining the proper balance among employee, union, and employer rights.” In its ongoing mission to shape policies that make it easier for job creators to grow their business, workforce and the economy in general, the PA Chamber is committed to stopping the NLRB and other agencies from misusing their authority, including attempts to make it more difficult for employers to legally and effectively communicate with their employees. ### Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business. |
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