We previously reported that the National Labor Relations Board (the “Board” or “NLRB”) issued a final rule requiring most private sector employers to post a notice of employee rights to unionize in their workplaces. In a follow-up report, we explained that the Board delayed the posting’s effective date from November 14, 2011 until January 31, 2012 in the wake of lawsuits filed by business and industry organizations (including the United States Chamber of Commerce, the National Association of Manufacturers, and the National Federation of Independent Business) challenging the NLRB’s authority to issue such a rule. The Board recently announced that it once again is postponing the effective date of the posting -- this time until April 30, 2012 -- in order to “facilitate the resolution of the legal challenges that have been filed with respect to the rule.” We continue to encourage employers to take advantage of this additional time to assess the potential impact that the required posting may have on their workplaces and the manner in which they may want to communicate with employees regarding their positions on unions (if any). Attorneys in Gibbons Employment & Labor Law Department have extensive experience counseling both union and non-union employers regarding labor relations issues. If you have any questions regarding the impact that this rule may have on your business, please feel free to contact any of the attorneys in the Department.
James J. La Rocca is an Associate in the Gibbons Employment & Labor Department.