Thursday, January 5, 2012

NLRB Postpones Deadline To Post Notice Of Rights

The National Labor Relations Board has again postponed the effective date of its new rule requiring covered employers to post notices informing employees of their rights under the National Labor Relations Act.  The effective date of the rule is now April 30, 2012

The Board previously postponed the effective date of the notice posting requirement from November 14, 2011 to January 31, 2012 "to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." (See Board's Press Release here.)

The most recent delay of the effective date to April 30, 2012 is the direct result of a lawsuit filed by the National Association of Manufacturing and other employer groups that challenges the validity of the new rule.  During oral argument in the case, the judge asked the Board to delay implementation of the requirement to allow her time to rule in the case before the requirement went into effect.  According to a press release from the Board (available here), the Board "has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule."

As it currently stands, most all private sector employers will be required to post the notice on by April 30th, unless the rule is invalidated by the court before that time.  We will continue to monitor the Board's actions and the litigation seeking to invalidate the posting requirement.

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