Friday, December 23, 2011

National Labor Relations Board Postpones Required Notice Posting Date to April 30, 2012 at Request of Court

By Jonathan Judge and Thomas A. Lenz

As previously reported here, in late August, the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights under the National Labor Relations Act. Today, the NLRB agreed to postpone the date employers will be required to post this notice from January 31, 2012 to April 30, 2012. The postponement came at the request of a federal court in Washington D.C. that is hearing legal challenges to the rule. The NLRB stated that the postponement should facilitate the resolution of such legal challenges that have been filed with respect to the rule.

The poster, which can be viewed here, notifies employees of their rights under the NLRA, which include:
  • The right to form and join unions;
  • The right to engage in concerted activities concerning employees' wages, hours, and working conditions;
  • The right to make requests for changes in wages, hours, and working conditions,
  • The right to strike and withhold services because of a dispute on wages, hours, and working conditions;
  • The right to make complaints or urge other employees to action on wages, hours, and working conditions (through workplace conversation or social media posts, for example); and
  • The right to refrain from such activities.
The NLRB's announcement buys more time for private sector employers to seek guidance on how this new rule will impact their business and communications with employees.