NLRB Again Postpones Effective Date of Posting Requirements

December 27, 2011

As a follow up to our previous posts, the NLRB has recently agreed to postpone the effective date of its employee rights notice posting rule at the request of a federal court in Washington, DC which is hearing a challenge to the rule. The Board has pushed back the effective date of the rule from January 31, 2012 to April 30, 2012. Hopefully prior to that date the court will provide some guidance on whether the rule will stick or not.

As you may recall, this rule requires most employers to post an 11- by-17-inch notice advising employees of 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. The challenge to the rule filed in Washington, DC is one of several filed by business groups across the country.