In a major victory for private clubs, the National Labor Relations Board (NLRB) has decided to delay the January 31, 2012 implementation date of the new “Notification of Employee Rights Rule.” This rule requires all private clubs to display a new poster describing an employee’s right to form a union and describing what constitutes unfair labor practices by management during a union organizing campaign.
The new effective date of this rule is April 30, 2012.
Recently, NCA and our allies on the Coalition for a Democratic Workplace filed a federal lawsuit challenging the NLRB’s right to implement the rule. With the original effective date fast approaching, the judge in our case asked the NLRB to postpone the effective date of the regulation while the lawsuit is pending. A few days ago, the NLRB acquiesced and the April 30, 2012 start date was established.
While we are extremely pleased our lawsuit has produced this response from the NLRB, the fact remains that the court has not yet issued any decision. As such, this poster rule is still on the books and clubs will need to prepare for its implementation on April 30.
The National Labor Relations Board will provide clubs with copies of the poster at no cost. Additionally, clubs may download the poster from the NLRB’s website and print it in color or black and white on an 11-by-17 inch paper. Private clubs must display this poster alongside other government mandated posters.
If your club has at least 20 percent of its employees who are not proficient in English, then you must also post a translated version of the poster. Additionally, if your club customarily posts personnel rules and policies on an Internet or intranet site, then this poster must also be available there.
Most importantly, clubs should be aware that this poster could provide disgruntled employees with an opportunity to file unfounded claims against a club or to bring union representation discussions into the club. Though these are not the stated goals of the rule, it is clear that they will be the unintended consequences. If either of these situations occurs, clubs must immediately contact their legal counsel to ensure they do not unwittingly commit an unfair labor practice when responding to their employees.
With luck, the court will soon rule in our favor. Until then, please direct any questions to NCA’s Vice President of Government Relations and General Counsel Brad D. Steele at [email protected] or go to the NLRB’s website at www.nlrb.gov for further information on this rule.