Foodservice Equipment Reports

Court Blocks NLRB’s Union Rights Poster

That empty space for workplace notices on the kitchen wall, by the loading dock or in the break room might stay vacant a bit longer. In a setback for the National Labor Relations Board, a federal appeals court has officially put the brakes on a controversial new poster mandate that the NLRB sought to enforce in most U.S. businesses starting April 30.

The NLRB mandate would require these businesses to hang new 11" x 17" workplace notices advising employees of their rights to organize into unions.

On April 17, the Washington, D.C. Circuit Court of Appeals issued an emergency injunction blocking the NLRB from enforcing the poster mandate until the court hears a legal challenge brought by a group of business organizations, including the National Restaurant Association

A lower court had ruled that while the NLRB had the right to require the poster, it did not have the right to cite an employer's failure to post it as evidence of an "unfair labor practice.”

The NRA argued in regulatory comments filed with the NLRB last year and in the coalition brief filed with the federal district court that the entire poster regulation was unlawful. There is no announced timeline for a new decision on the posters.