NLRB Delays Effective Date of Employee Rights Notice

On October 5, 2011, the National Labor Relations Board (NLRB) issued a press release announcing its decision to postpone the implementation date for the new NLRA employee rights notice. According to the NLRB, the initial effective date of November 14, 2011 has now been pushed back to January 31, 2012 to allow for enhanced education and outreach to employers.

The final rule, codified at 29 C.F.R. § 104.202, requires most employers to post a notice explaining: employees’ rights under the National Labor Relations Act (NLRA) (such as their right to organize, bargain collectively, discuss wages and other terms and conditions of employment, and picket and strike); what is deemed illegal employer and union activity under the NLRA; information concerning basic enforcement procedures; and Board contact information. Employers that are subject to the NLRA must post and maintain the NLRB notice in conspicuous places, including all places where notices to employees are customarily posted.

More than 7,000 comments from employers, employees, unions and others were received by the NLRB and, as admitted by the Board, most objected to all or parts of the new rule. NLRB member Brian Hayes argued not only that the rule is not needed, but that the Board does not have the authority to create or enforce the rule.

Ogletree Deakins is actively involved in this matter, representing the U.S. Chamber of Commerce and the South Carolina Chamber of Commerce in an action challenging the rule. According to Cheryl Stanton, a shareholder in Ogletree Deakins’ Morristown, New Jersey office: “We are gratified that the NLRB has heeded the parties’ request that the Board postpone implementation of the new posting requirement to permit a measured and thorough judicial review of whether the Board exceeded its authority in this rulemaking process.”