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Godfrey & Kahn Updates

NLRB calls time out and delays posting requirement

October 06, 2011

As described in our Aug. 31 and Sept. 21 posts, the National Labor Relations Board (NLRB) has adopted a rule that requires all employers covered by the National Labor Relations Act (NLRA) to notify employees of their right to unionize.  The final rule, which the NLRB published in the Federal Register on August 30, 2011, requires employers to comply with this posting requirement no later than November 14, 2011.  The NLRB created a posterfor this purpose.

Soon after the NLRB published the rule, several groups, including the National Association of Manufacturers (NAM), sued the NLRB in the District of Columbia to prevent implementation of the rule.  Yesterday, the NLRB voluntarily announced at a status conference in the litigation that it would delay implementation of the rule until January 31, 2012.

According to NAM, the delay was in response to the litigation (NAM’s article is available here).  The NLRB, however, claims the delay “followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the [NLRB’s] jurisdiction, and was made in the interest of ensuring broad voluntary compliance.”  A copy of the NLRB’s press release is available here.

At least for now, employers can breathe a sigh of relief, but the legal wrangling over this posting requirement is far from over.  Stay tuned for additional developments.


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