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Client Alert from the Labor and Employment Group - January 2012

NLRB Delays Notice Posting Requirements

In a prior Client Alert, we notified employers about the National Labor Relations Board’s (NLRB) new rule mandating that all employers post a notice advising employees of their rights under the National Labor Relations Act (NLRA) by January 31, 2012. Just recently, the NLRB agreed to postpone the effective date of this Notice Posting Rule at the request of the federal court in Washington, D.C., which is hearing a legal challenge regarding the rule. In its press release, the Board stated that it determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges filed pertaining to the rule. The new deadline is April 30, 2012. Click here for the NLRB’s press release.

Originally, the NLRB Notice Posting Rule was to become effective November 14, 2011. It was then extended until January 31, 2012. Now, April 30, 2012 is the effective date. Employers objecting to the new rule have argued that it exceeds the NLRB’s authority by extending the statute of limitations; is arbitrary and capricious under the Administrative Procedure Act; and violates the First Amendment.

Remember, the Board’s new rule will require that all covered businesses, union or not, post the notice if the posting requirements are upheld. Very few private sector employers will be exempt.

Despite the repeated postponements, employers should consider the implications in the event the rule is ultimately implemented by the NLRB. In such case, employers should ensure that:

policy manuals are updated and social media concerns are addressed;
the employer’s position on unions is reviewed with employees and the company’s approach on addressing grievances and employee workplace concerns is publicized; and
managers and supervisors are trained to identify union activity in its earliest stages and are also trained regarding lawful responses to such activity.

For more information on this or other employment law issues, please contact one of our Employment lawyers.

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