National Labor Relations Board Delays New Posting Notice Requirement A Second Time

In our November 2011 Employment Group Newsletter, Leech Tishman reported that the effective date of the National Labor Relations Board’s (“NLRB”) new rule requiring employers to post a notice advising workers of their right to join a union was postponed until January 31, 2012. On December 19, 2011, the federal court in Washington, D.C. requested that the NLRB further postpone the effective date in order to resolve numerous legal challenges to the rule. In response to the court’s request, on December 23, 2011, the NLRB agreed to further postpone the deadline. Now, employers are not required to comply with the posting requirements until April 30, 2012. This April 30th effective date may change depending on how the federal court resolves the pending lawsuits.

What is the Notice?

As a reminder, the NLRB’s proposed notice focuses on informing employees of their right to organize and bargain collectively with their employers and to engage in other protected concerted activity. The new poster also provides employees with a listing of employer and union activities prohibited by the National Labor Relations Act (“NLRA”).

The poster, however, provides employees with very little information regarding employees’ rights to NOT support unions or to NOT organize and bargain collectively.

Despite the new rule, employers are not left without options. If the notice requirement becomes effective, the NLRB will allow employers to post a supplemental poster, in addition to the NLRB’s poster, which informs employees of their rights, such as their right not to support any union activity and their right to be free from harassment if they cross picket lines. Any supplemental poster, however, must not threaten employees or make unlawful promises. It is important to note that any supplemental notice is not a substitute for the proposed NLRB notice, but an optional supplement to it.

Again, Leech Tishman wants to remind  federal contractors that the NLRB’s decision to postpone the effective date of its new posting requirement does NOT impact the current requirement that certain federal contractors must post NLRA employee rights in their workplaces under Executive Order 13496.

Leech Tishman’s Employment Practice Group will continue to keep you informed of any news related to the NLRB’s posting and is able to assist your organization in preparing a supplemental poster informing employees of their legal right not to support union activity.

Please feel free to contact the Employment Group with any questions regarding the NLRB’s proposed notice posting requirement or any other employment law issue.

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