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NLRB Postpones Rule Requiring Employers To Post Notice Of Employee Rights Under NLRA

October 7, 2011

By Jennifer A. Sabovik

LABOR LAW UPDATE

On October 5, 2011 the National Labor Relations Board (“NLRB”) postponed implementation of the final rule issued in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post a Notice informing employees of their rights under the NLRA. The rule originally required employers to post the Notice by November 14, 2011. However, the Board has delayed implementation of the posting requirement until January 31, 2012, the new date by which employers must post the Notice. (See our Bullard Alerts dated August 25, 2011, September 9, 2011, and September 15, 2011 for a full discussion regarding the new rule and a copy of the Notice.)

In its October 5, 2011 press release regarding the delay, the NLRB stated that the decision to extend the implementation period followed questions from businesses and trade organizations challenging which businesses fall under the NLRB’s jurisdiction. The NLRB also stated that the two month delay in implementation will ensure “broad voluntary compliance” and “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” There are no other changes in the rule, or in the form or content of the notice.

On October 17, 2011, Bullard Law will be presenting a Roundtable to address the Board’s posting requirements and strategies for insulating your company from the negative effects of the postings, including ideas for counter-postings. Details are posted on the Bullard Law Roundtables page.

We will continue to apprise you of developments related to this rule and other labor issues. 

- Jennifer A. Sabovik & David M. Thompson
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