Today, the National Labor Relations Board agreed to postpone the effective date of its Employee Rights notice-posting rule at the request of the federal court in Washington, D.C. hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.
This is the second time the posting deadline has been postponed. Originally the posting deadline for most private employers was set for November 14, 2011 but was postponed to January 31, 2012. This latest postponement was the result of a hearing held in federal court on the legal authority of the NLRB to require the posting in the first place.
Also, in other developments involving the NLRB, a suit was filed in federal court this week by the U. S. Chamber of Commerce and the Coalition for a Democratic Workplace challenging the NLRB’s promulgation of the “Speedy Election” rule that is to take effect on April 30, 2012. These developments along with the expiration of the term of one of the members of the NLRB on December 31, 2011 (leaving only two members of the five-member Board without the authority to conduct business) will make for a very interesting new year.
We will keep you advised as these and other developments occur.
Should you have questions, please contact your regular Hall Render attorney or a member of our Employment and Labor Section.