Obama’s Job-Killing NLRB Strikes Again! Orders ALL Employers To Post Union Notices


When the National Association of Manufacturers polled around 1,000 of its members in July about the International Association of Machinists’ and National Labor Relations Board’s case to shut down Boeing’s South Carolina plant, costing up to 5,000 potential jobs, the clear majority indicated the union-backed case like will or has already, had a negative effect on America’s job creation.

As reported by the Wall Street Journal:

Some 60% said the government’s case already has—or could—hurt hiring. Sixty-nine percent said the case would damage job growth. And 49% said capital expenditure plans “have been or may be impacted by the NLRB’s complaint.” Around 1,000 of the association’s 11,000 members contributed to the survey.

Despite this, however, Barack Obama’s union appointees at the National Labor Relations Board are continuing their assault on America’s job creators with yet another attempt at doing union bosses’ bidding by skirting Congress to require all employers covered by the National Labor Relations Act to post union notices in the workplace to advise employees of their ability to unionize their company.

According to a NLRB press release [emphasis added]:

The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011.

Private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights notice where other workplace notices are typically posted. Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice on those sites. Copies of the notice will be available from the Agency’s regional offices, and it may also be downloaded from the NLRB website.

The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

With the exception of airlines and railroads, which fall under the Railway Labor Act and a few other exceptions, most private sector employers (with two or more employees) fall under the jurisdiction of the National Labor Relations Act, which means nearly all private sector employers will have to post notices by November 14th, or be charged with an unfair labor practice.

According to Inside the Beltway from Nixon Peabody:

Failure to post the Notice will constitute an unfair labor practice which may be filed with the NLRB by any person. Further, the failure to post the Notice will be deemed evidence of anti-union animus or motivation where employers are alleged to have interfered, restrained, or coerced or otherwise discriminated against employees to encourage or discourage union membership or activity.

Objections to the NLRB’s posting from the employer community are, as expected, strong.

The National Federation of Independent Business (NFIB) stated in a press release:

The same week the Obama Administration announced it was making an effort to scale back burdensome rules on small businesses, the National Labor Relations Board (NLRB), the federal government’s labor union advocate, demonstrated an unprecedented overreach of its authority today by issuing a punitive new rule requiring all private-sector employers to post a notice in their business informing employees of their rights under the National Labor Relations Act.

“Just when we thought we had seen it all from the NLRB, it has reached a new low in its zeal to punish small-business owners,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “Not only is the Board blatantly moving beyond its legal authority by issuing this rule, it is unabashedly showing its spite for job creators by setting up a trap for millions of businesses.”

Under the National Labor Relations Act, the NLRB does not have the authority to broadly impose rules, such as the one issued today. The statute only permits the Board to act when a representation petition or unfair labor practice charge is filed.

Furthermore, the rule sets up a “gotcha” situation for millions of businesses which are unaware of the new rule or unable to immediately comply.

Whether or not the NLRB’s new mandate will be challenged in court and, ultimately, be rescinded remains to be seen. In the meantime, however, with the Obama’s union agents at the NLRB foisting their agenda on America’s job creators,  there is no reason to believe that the administration is serious about growing the economy again.


“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776


  1. It’s tough to overstate how deep the tendrils of this administration is sinking into the economy. Unless the next president is determined and energetic in his revokation of Obama’s rules, we won’t crawl out of this recession for YEARS.

  2. Screw the unions, I belonged to 2 in my lifw and was sorry both times. they are lying dirty backstabing SOBs and I would fight any union takeovver except th toilet union you can have a the crap you want

  3. It really unfortunate to state that no government agency should make such rule wherein all private employers shall also required to display in notice board with regard to rights and responsibility of each workman who works in their organization.

    Why because, being a human every body wants to excercise his right and simply ignores his responsibility towards organization /economy / well being of the society. If each employee wants to file suite against his employer for simple reason or pretty issue how we can expect that an employer can run the business with out fear.

    Ultimately it may leads to close down of organizations as it will be difficult for them to meet unreasonable / unfair demands of some unscrupulous trade union leaders. In such a case the present problems of US with regard to recession and its effect will be multiplied.

    It does not mean that i am supporting all employers. Any rule shall be made by keeping the interest of both employer and employee which will be safeguard the over all interest of the nation.

    The federal govt is free to take any action against any employer who finds violating any existing rule of labor law in US which is in force.



  4. As a small business owner the NLRB is going to mandate that I display their Employees Rights poster. They are also going to stress that I can download this poster and print it myself. That is not going to happen. The NLRB will have to send me a printed copy. In fact they will need to send me several copies — as I want to make sure my employees are well informed of the NLRB. I will also pay very close attention to make sure that someone does not mark on the posted notices – and if someone does – I will request the NLRB send me more posters — because I want to make sure I am in compliance. I feel so strongly about this new requirement that I will make sure to tell all of the business owners I associate with to make sure and request these posters from the NLRB – they will probably need multiple posters too. I am sure we will ALL want to be in compliance.

    In fact, I think all web site organizations should stress the importance of EVERY business requesting the NLRB send to them the new required posters (perhaps several copies) – after all we want to comply with their mandate.

    I wonder how much is in the NLRB budget to print and ship these required posters?

  5. Could be fair if all union shops were required to post something similar to:

    Congressional Research Service ˜ The Library of Congress
    The Use Of Union Dues For Political Purposes:
    A Legal Analysis
    Under union shop agreements, labor unions must establish strict safeguards and procedures for ensuring that non-members’ dues are not used to support certain political and ideological activities that are outside the scope of normal collective bargaining activities. The “union shop” or “agency shop” agreement essentially provides that employees do not have to join the union, but must support the union in order to retain employment by paying dues to defray the costs of collective bargaining, contract administration, and grievance matters.

    In a line of decisions, the Supreme Court has addressed this issue and has concluded that compulsory union dues of non-members may not be used for political and ideological activities that are outside the scope of the unions’ collective bargaining and labor-management duties when non-members object to such use.

    Seven Supreme Court decisions have held that union dues exacted from dissenting non-members may not to be used for political and ideological purposes and must be expeditiously refunded to dissenting non-members according to proper procedural safeguards:
    (1) International Association of Machinists v. Street, 367 U.S. 740 (1961);
    (2) Railway Clerks v. Allen, 373 U.S. 113 (1963);
    (3) Abood v. District Board of Education, 431 U.S. 209 (1977);
    (4) Ellis v. Brotherhood of Railway Clerks, 466 U.S. 435 (1984);
    (5) Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986);
    (6) Communications Workers of America v. Beck, 487 U.S. 735 (1988); and
    (7) Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991).


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