Stop the Presses: NLRB's Notice Posting Deadline Delayed

Last month, we sent out an alert notifying you about the NLRB’s new notice posting rule. That rule required most employers to post notices on or before November 14, 2011, informing employees of their rights to organize, join, or assist unions. On October 5, the NLRB – in a surprising move – announced that it was pushing back the deadline for employers to post the notice. The new deadline is January 31, 2012.

Why the delay? Well, according to the NLRB the delay will “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The NLRB did not announce any specific plans for “enhanced education” or “outreach to employers.” Additionally, there are no changes to the form or contents of the notice, and employers still must post in areas where they customarily post employee notices.

It is also worth noting that there are currently three (3) pending lawsuits challenging, among other things, the NLRB’s authority to issue the notice posting rule. Although the NLRB’s announcement did not mention these lawsuits as a factor, the delay will give judges in those cases more time to evaluate the issues and make rulings. If the plaintiffs in those cases prevail, the notice posting rule could be blocked before taking effect.