Trade Group sues to prevent new notice posting requirement

The National Association of Manufacturer's (NAM) has filed suit to compel the NLRB to suspend its new rule requiring employers to post a notice in the workplace concerning rights employees have under the National Labor Relations Act. It appears this is in keeping with the NAM's battle against regulations it maintains impede productivity and job creation. There is a world of difference between a environmental regulation and a notice posting requirement, but as they are both new regulatory restraint, the NAM is against them. The NLRB requirement requires the posting of a notice that the NLRB provides as a free download. Its hard to distinguish this posting requirement from other requirements under state and federal law which compel employers to post notices to inform employees of their rights. The real issue here is employers fear employees might learn something that they will act upon. There is a strong argument the new requirement, when assessed in the context of the new rules for representation elections the Board has proposed, presents an opportunity for the sophisticated employer who integrates appropriate discussions into a program of education for employees.