NLRB Delays Notice Posting Requirement (Again)
Today the National Labor Relations Board announced that it is delaying implementation of its new rule which requires employers to post a notice of employee rights under the National Labor Relations Act. The rule was scheduled to take effect on January 31, 2012. The new effective date of the posting requirement is April 30, 2012.
The Board has agreed to delay the posting requirement at the suggestion of the Federal District Court in the District of Columbia. The Court is currently considering a pending lawsuit challenging the legality of the new rule. While the Agency has argued that the posting requirement is a mere statement of employee rights under the law which the Board is empowered to enforce, opponents claim that the posting requirement is outside the Board’s grant of authority from Congress.
If the Court does not enjoin the rule, employers will be required to comply with the posting requirement starting on April 30. Note that this is the same day that the Board’s new procedures for representation cases are scheduled to go into effect. (An article on that topic is available here.)
This is the second time the Board has delayed the implementation of the new posting rule. The first delay was on the Board’s own initiative and was intended to give employers more time to prepare for the implementation process.
The posting rule may or may not survive legal challenge. For now, however, there is no urgency in clearing off that bulletin board space or uploading a copy of the notice to your intranet page for employees. April 30 is the earliest date on which compliance will be required.
If you have any questions regarding the NLRB posting requirement, please contact Tom Trachsel, or your regular Felhaber attorney.