NLRA rights poster under fire

A federal district court in South Carolina has ruled that the National Labor Relations Board lacks the authority to require employers to display a poster explaining workers’ rights under the National Labor Relations Act (NLRA) (U.S. Chamber of Commerce v. NLRB, D SC, April, 2012). This decision contradicts a ruling last month by a federal district court in the District of Columbia (National Association of Manufacturers v. NLRB, D DC, March 2012). That case is on appeal, but it remains to be seen how the latest court ruling will affect employers. The South Carolina court hasn’t yet issued orders that will implement its ruling, and the Board so far has said it is reviewing the case and has declined to comment. The Board’s posting requirement is scheduled to be effective on April 30, 2012. Vigilant will inform members when specific guidance is available.

Tips: Federal contractors should keep in mind that neither of these court rulings affects the U.S. Department of Labor (DOL)’s mandate that certain contractors display an NLRA rights poster from the DOL. If your organization holds federal contracts or subcontracts resulting from solicitations issued on or after June 21, 2010, then you may need to display the DOL’s NLRA rights poster. The DOL’s rule applies to prime contractors at or above the simplified acquisition threshold (originally $100,000 but increased to $150,000 effective October 1, 2010), as well as subcontracts all the way down the chain from the covered prime contract that are worth more than $10,000.