NLRB Delays Effective Date of Posting Requirement While AGC-Supported Coalition Joins Lawsuit to Block Rule

The National Labor Relations Board announced on Oct. 5 that it has postponed the implementation date of its recently issued regulation requiring nearly all private-sector employers to post notices of employee rights under the National Labor Relations Act.  The Board has delayed the deadline for compliance from Nov. 14, 2011, to Jan. 31, 2012.  The agency stated that it plans to make no further changes to the rule or to the form or content of the required notice.

In explaining the reason for the postponement, the Board said that its decision "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."  However, the delay also allows time for progress in legal challenges to the rule.  The first of several lawsuits filed to overturn the rule was brought by the National Association of Manufacturers (NAM).  NAM argues that the rule exceeds the Board's statutory jurisdiction and authority.  The Coalition for a Democratic Workplace - of which AGC is a member - joined NAM's lawsuit on Sept. 26.  A hearing on motions for summary judgment is scheduled for Dec. 19 in the U.S. District Court for the District of Columbia.  The court could issue a decision on the motions before the new implementation date of the rule.

To learn more about on the rule and the poster, read the AGC articles published here and here.
 
For more information contact Denise Gold at goldd@agc.org or 703.837.5326.