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NLRB Delays Deadline for Employers To Post its Notice to Employees Re: Rights to Unionize

Posted in New Legislation and Regulations

By:       Lizbeth (“Beth”) West, Esq. 

As I wrote in my November 16, 2011 post entitled “Non-Union Employers Beware: You Are Likely Required to Post the NLRB’s New “Employee Rights” Poster,” on August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number of lawsuits challenging the rule, the implementation date was delayed and the NLRB announced that the rule would not go into effect until January 31, 2012

Well on December 23, 2011, the NLRB postponed the implementation date again – to April 30, 2012. The postponement was made at the request of a federal judge in Washington D.C. who is presiding over a pair of lawsuits by the National Association of Manufacturers (“NAM”) and the National Federation of Independent Business (“NFIB”), that challenge the NLRB’s authority to require employers to post the Notice.

We will continue to monitor the legal challenges to the Notice and keep you posted. However, for more information on what the Notice requires of employers, and which employers are required to comply, you can read my November 16, 2011 post.