NLRB Delays Deadline for Posting Notice Concerning NLRA Rights

On September 6, 2011, MBBP notified clients that the National Labor Relations Board (NLRB) had published a new rule requiring that employers post a notice to employees informing them of their rights under the National Labor Relations Act (NLRA), including rights to act together to improve wages and working conditions, to form and join a union, and to bargain collectively. The rule was to take effect on November 14, 2011.

The NLRB has now announced that it is postponing the implementation date for the notice-posting rule by two months (toJanuary 31, 2012) in order “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”  The NLRB states further in its public notice that “[t]he decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance.”  Interestingly, the NLRB’s October 5, 2011public notice announcing the delay makes no mention of the legal actions filed by various business groups challenging the NLRB’s authority to publish the notice-posting rule.

We will alert you to any further developments.

Please feel free to contact a member of our Employment Practice with any questions or concerns.

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