Update: NLRB Postpones Requirement that Employers Post New Notice in Workplace to 2012

The National Labor Relations Board (NLRB) recently announced that the implementation of the final rule posted in the Federal Register on August 30, 2011 requiring most private sector employers to notify employees of their rights under the National Labor Relations Act (NLRA) will be postponed to January 31, 2012 (from November 14, 2011).
According to the NLRB, the delay will be used to “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”  When the rule was initially announced, lawsuits were filed by the U.S. Chamber of Commerce and the National Federation of Independent Business challenging the NLRB’s authority to impose the notice requirement.

The NLRA was signed into law in 1935 and prevents employers, among other things, from interfering or discriminating against employees for organizing a labor organization.  The NLRB believes that many employees are unaware of their rights under the NLRA and that this required posting will increase their knowledge about union options and organization.

Employers are required to physically post the 11 x 17 inch notice, which will be provided at no charge by the NLRB and can be downloaded from the NLRB’s website.  If an employer customarily communicates or locates its personnel policies on a company intranet site, the employer must place the notice on that intranet site in addition to complying with the requirements for a physical notice.

Failure to post the notice may be treated as an unfair labor practice under the NLRA.  For assistance in complying with this new regulation or for more information on the NLRB and NLRA, please contact Brad Bjelke at bbjelke@jdtplaw.com.