Oliver Bell, Inc. Breaking News Update

NLRB Delays Posting of Employee Rights Notice By More Than 2 Months 

  

The National Labor Relations Board (NLRB) announced today that it has postponed the November 14, 2011 implementation date for its new posting rule by more than two months to allow for "enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." 

The new effective date for the posting is January 31, 2012.

 
The NLRB said the reason for this delay was because of numerous queries from companies and trade organizations on uncertainties of whether or not the rule applies to them. 

 
Oliver Bell, Inc. speculates that the delay could also stem from the numerous lawsuits filed against the NLRB in recent weeks. Organizations such as National Association of Manufacturers, Coalition for a Democratic Workplace, National Federation of Independent Business, the US Chamber and National Right to Work Foundation have all filed lawsuits in objection to this rule change. 

 
There has also been an employer reaction, right or wrong, that this posting rule in essence requires them to "advertise" or "shill" for unionization at their workplace - at the direction of a federal government agency but against their own will and possible business interests. The new rule requires employers to post the 11 x 17 poster where other workplace notices are typically posted.

 
All employers are reminded that this is current action is only a delay, not a cancellation. At this point, absent a litigation outcome against the posting rule or some other action that stops implementation, employers will still be required to post this notice.

 
As a background reminder, on December 22, 2010, the NLRB issued a proposed rule requiring employers to post notices announcing employee organizing rights under the National Labor Relations Act. The NLRB received 7,000 responses/statements from the public during a two-month comment period. Most of those statements disagreed with the proposed change. Those conditions, notwithstanding, the NLRB announced the final rule on August 30, 2011.

 
We encourage all to continue to keep an eye on this developing situation.
 

 Click here to download the NLRB Poster on Employee Rights.

  

  Click here to see the NLRB's press release announcing the delay. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Click here to download the NLRB Employee Rights Poster.