Client Alert from the Labor and Employment Group - October 2011
Effective Date for Posting NLRB Notice Extended
Until January 31, 2012
By Patricia F. Weisberg
On October 5, 2011, the National Labor Relations Board announced that it has extended the effective date of its new rule mandating that employers post an official Notice of Employee Rights under the National Labor Relations Act. Originally, the rule was scheduled to go into effect on November 14, 2011. The rule is now effective on January 31, 2012.
The Board explained that the reason for postponing the effective date is to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." The Board further stated that the decision to postpone the effective date followed concerns from businesses and trade organizations about which businesses are covered by the NLRA and fall under the Board's jurisdiction. Many businesses are not unionized and those businesses expressed uncertainty as to whether they are covered by the NLRA. Coverage under the NLRA depends on the amount of the company's gross volume of business and the extent to which it engages in interstate commerce.
While not expressly stated by the NLRB, the delayed implementation also may relate to the lawsuits filed by various entities, including the U.S. Chamber of Commerce, challenging the Board's authority to require employers to post this notice. Between now and January, it will be important for employers to stay aware of any decision that may be issued as a result of these efforts to strike down the posting requirements. Despite the voluminous employer comments and the pending lawsuits, the Board further announced that it does not intend to make any other changes in the rule, or in the form or content of the Notice.
The Labor and Employment attorneys at Walter & Haverfield LLP are available to assist with labor relations issues, including the new Notice compliance procedures and any posting-related issues.
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