New NLRB Posting Requirement – Stay Tuned

Kegler Brown E-mployment Alert

We reported before that the National Labor Relations Board issued a new rule that requires virtually all employers to post a new Notice. This Notice tells (some say “encourages”) employees of their rights to join a union.

The original effective date of the posting requirement was November 14, 2011. Based on strong Congressional reaction, and at least two lawsuits, the NLRB postponed the effective date to January 31, 2012.

The lawsuits essentially argue that the Board has no statutory jurisdiction to issue the rule, and that the Board went too far when it said that a failure to post the Notice will be an unfair labor practice. Oral arguments are scheduled in one of the cases for December 19, 2011.

As of now, the posting requirement is set to take effect January 31, 2012. But it’s possible that may change. Stay Tuned.