NLRB Posting Requirement Delayed

Several months ago the National Labor Relations Board ("NLRB") promulgated a rule requiring employers to post notice of an employee's rights to organize, engage in concerted activity, and bargain collectively under the National Labor Relations Act. The original effective date of the posting requirement was delayed until April 30, 2012. In a case addressing the ability of the NLRB to require the notice to be posted, the D.C. Circuit Court of Appeals temporarily enjoined the NLRB's rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

On April 17, 2012, the Office of Public of Affairs of the NLRB issued a statement that in view of the D.C. Circuit's Order and in light of the strong interest in the uniform implementation and administration of Agency rules, regional offices of the NLRB will not implement the notice posting rule pending the resolution of the issues before the Court. In other words, for the time being, the NLRB will not be implementing its rule requiring the posting of a notice of employee rights at this time.

Should you have any questions concerning the contents of this Client Alert, you can contact Dan Miller at 870-7708 or any of the other members of the MacDonald Illig Labor and Employment Practice Group.