By Robert W. Burns
The National Labor Relations Board (NLRB) has issued a press release stating that its regional offices will postpone the implementation of the controversial posting requirement rule. This rule would have required all private sector employers subject to the Board’s jurisdiction (which is almost all private employers) to post a notice informing employees of their rights under the National Labor Relations Act, including seeking union organization. A previous client alert discussed the background and issues related to the notice requirement;
NLRB Issues Final Posting Rule
Prior postponements by the Board resulted in the April 30 deadline and the current announcement was prompted by a recent decision of the District of Columbia Federal Circuit Court of Appeals, which granted a stay of the NLRB’s order in litigation pending between the National Association of Manufacturers and the NLRB. (No. 12-5068 D.C. Cir. April 17, 2012). Citing its “strong interest in the uniform implementation and administration of agency rules,” the NLRB has directed its regional offices to postpone implementing the rule, pending the resolution of the issues on appeal. Thus, employers will not be required to comply with the previously publicized April 30 deadline. Employers should wait for further notices before undertaking such posting.