NLRB Adds Another Required Poster to Long List for Employers
October 31, 2011
Todd C. Duffield & Alexander W. Wood
The National Labor Relations Board (NLRB or Board) recently enacted a rule requiring private sector employers (whether unionized or union-free) subject to the National Labor Relations Act (NLRA) to post a new notice designed to inform employees of their rights under the NLRA, including their right to unionize and bargain collectively. This new notice is in addition to the already long list of mandatory postings required in U.S. workplaces. The rule was originally to go into effect on November 14, 2011, but after facing mounting criticism as well as lawsuits filed by the National Association of Manufacturers, the Coalition for a Democratic Workplace, the National Right to Work Legal Defense and Education Foundation, The U.S. Chamber of Commerce, and the National Federation of Independent Business, arguing that the NLRB has overstepped its statutory authority, the Board recently pushed back the effective date to January 31, 2012. While the NLRB announced that implementation of the rule is delayed to allow for enhanced education and outreach to employers, a federal judges request that the NLRB delay implementation of the rule so that she could carefully consider arguments in one of the pending lawsuits may have played a role as well.