Employer Alert: NLRB Further Delays Posting Requirement

January 16, 2012
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The National Labor Relations Board recently announced that it is again postponing the effective date of its rule requiring covered employers to post a notice informing employees of their rights under the National Labor Relations Act. The new requirement was scheduled go into effect on January 31st, but will now be delayed until April 30, 2012. According to an NLRB press release, the board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, D.C., which is hearing a legal challenge regarding the rule. The NLRB indicated that no other changes in the rule, or in the form or content of the notice, would be made. The National Federation of Independent Business and the National Association of Manufacturers have sued the NLRB to block the rule, arguing that the Board exceeded its statutory authority by making the failure to post the notice a new unfair labor practice. The U.S. Chamber of Commerce has filed a similar lawsuit in South Carolina. While the legality of the notice-posting requirement is still up in the air, employers should use this time to ensure that they are ready to comply when and if it is implemented this spring. In the meantime, here is what employers need to know about the new posting requirements:
  • Unless further action is taken, the notice must be posted as of April 30, 2012.
  • The new obligation applies to the majority of all private sector employers, regardless of whether or not their workforces are unionized and regardless of whether they are federal contractors.
  • The notice must be posted where other notices for employees are customarily posted. If the employer makes such notices available in an employee handbook or internal website, it must include it there as well.
  • There is no recordkeeping requirement, but failure to post can result in an unfair labor charge.
We will of course keep you updated on any new developments as they arise.