NLRB Delays Implementation of Notice-Posting Rule
On October 6th, the NLRB announced that it has postponed the implementation date for its new notice-posting rule by more than two months, until January 31, 2012. By way of reminder, the NLRB’s Final Rule regarding this issue required all employers subject to coverage under the National Labor Relations Act to post a notice in the workplace informing employees of their right, among other things, to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, refrain from any of these activities, strike and picket or choose not to do any of these activities. It also informs employees of their right to solicit during their non-work time, to be free of interrogation and discrimination related to union activities, and to wear union hats, buttons, tee shirts, and pins.
Although the NLRB’s stated reason for the postponement is to “allow for enhanced education and outreach to employers,” in reality, the postponement is a result of lawsuits filed by a number of organizations, including, but not limited to, the National Association of Manufacturers and the National Right to Work Foundation, opposing the posting requirement. On December 19, the court will hear oral arguments on the parties’ respective motions regarding implementation of the Final Rule.
We will keep you advised as to any further developments with respect to this matter; however, at this time, we are recommending that employers refrain from posting the notice until such time as the court rules upon the issue.
