• NLRB Postpones Notice Posting Deadline to April 30
  • December 30, 2011 | Author: Jeffrey T. Johnson
  • Law Firm: Holland & Hart LLP - Denver Office
  • The National Labor Relations Board (NLRB) on December 23 announced that it has agreed to postpone the effective date of its new notice-posting rule from January 31 until April 30, 2012. The NLRB's website notice said that the postponement "would facilitate the resolution of the legal challenges that have been filed with respect to the rule."

    The rule is being challenged in lawsuits filed in the U.S. District Court for the District of Columbia, National Association of Manufacturers v. NLRB, D.D.C., No. 11-cv-1629, and the U.S. District Court for the District of South Carolina, Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516. At a December 19 hearing in the D.C. case, Judge Amy Berman Jackson asked the NLRB to consider postponing the effective date of the rule, saying that the legal issues raised by the parties "deserve more time than I've been given."

    The NLRB had issued a final notice-posting rule, which initially was to be effective November 14, 2011, then delayed until January 31, 2012, that requires employers to post an 11-by-17 inch notice advising employees of their rights under the NLRA. Employers that post company personnel policies on their internet or intranet sites must post the notice there, as well.