Human Resources News & Insights

NLRB delays posting requirement – again

The war against the NLRB’s right-to-unionize poster will continue long into the new year.

The National Labor Relations Board (NLRB) has agreed to once again postpone its right-to-unionize posting requirement. The new deadline is April 30, 2012.

You remember the poster – the one that informs employees of their rights to unionize under the National Labor Rights Act.

The reason for the latest delay? The growing list of legal challenges filed against the NLRB over the requirement.

Several organizations, including the U.S. Chamber of Commerce and the South Carolina Chamber of Commerce, filed lawsuits claiming the agency is overstepping its bounds in requiring the posters in the workplace.

At a hearing in mid-December, a U.S. District Judge asked the NLRB to postpone the requirement after hearing from groups including the National Federation of Independent Businesses and the National Association of Manufacturers. The NLRB agreed.

The requirement was initially set for Nov. 14, 2011, but was pushed back to Jan. 31, 2012 to allow for “enhanced education and outreach to employers,” especially small- and medium-sized businesses.

If the requirement ever passes, companies will be on the hook for posting the notice on their employee bulletin boards and on their company intranet, if they normally post notices electronically.

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