NLRB Delays New Poster Requirement

Private sector employers subject to the National Labor Relations Act will be required to post a new notice informing employees of their rights under the Act, including the right to organize. After several delays, the Board has announced the notice must be displayed by April 30, 2012. A copy of the notice can be obtained here.

Originally the posting date was November 14, 2011. It was then moved to January 31, 2012 before the current April 30, 2012 date was announced. Prompting the delay was a request by the federal court in Washington, DC, which is considering a legal challenge to the new posting rule. The suit was brought by the National Association of Manufacturers, who is seeking an injunction by alleging the new rule exceeds the Board’s statutory jurisdiction, authority, limitations and rights.

Employers should monitor this situation closely to see if the court enjoins the posting requirement, or the Board further delays its implementation.