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Posting Requirement Delayed by the National Labor Relations Board
On October 5, 2011, the National Labor Relations Board
("the Board") announced that it is postponing the implementation date of its
Notice posting requirement from November 14, 2011 until January 31, 2012.
In its press release, the Board said that its decision
was made in the interest of ensuring broad voluntary compliance with the new
rule. The Board also stated that the purpose of the postponement is to allow
for enhanced education and outreach to employers.
The new rule requires all employers subject to the
National Labor Relations Act to post in a conspicuous place a notice drafted by
the Board informing employees of their rights under the Act and about
procedures already in place by which employees can enforce those rights. The
details of the new Notice requirement were outlined in the September 2011 issue of
the Employment Bulletin which can be found at http://www.babstcalland.com/legal-resources/documents/new-federal-posting-requirement-employee-rights-under-the-national-labor-relations-act.pdf.
Additional information about the Notice requirement or its postponement can be found on the Board's website at www.nlrb.gov.
The Board's announcement was posted on its website about
an hour before the chairman of the House Education and Workforce Committee, Rep.
John Kline (R-Minn.), announced that he introduced the "Workforce Democracy and
Fairness Act" in the House of Representatives. The proposed legislation would make
significant changes to sections of the National Labor Relations Act that deal
with employee questions concerning union representation. The bill appears designed
to limit the Board's ability to make sweeping changes to the workplace. It
remains unclear what impact the proposed legislation will have on the postponed Notice posting requirement.
Babst Calland's Employment and Labor Services Group will
continue to keep employers apprised of further developments related to this and
other issues. If you have any questions or need assistance in addressing the
above-mentioned area of concern, please contact John McCreary at 412-394-6695
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2011 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center,
Pittsburgh, PA 15222 • 412-394-5400 • Employment Bulletin is privately
distributed by Babst, Calland, Clements and Zomnir, P.C., for the general
information of its clients, friends and readers. It is not designed to be, nor
should it be considered or used as, the sole source of analyzing and resolving
legal problems. If you have, or think you may have, a legal problem or issue
relating to any of the matters discussed in the Employment Bulletin, consult