NLRB Delays New Rule Requiring Employers to Post Notices of Employee Rights


In a surprising development, the National Labor Relations Board (NLRB) announced that it will voluntarily delay implementation of its new rule requiring private sector employers to post Notices of employee rights under the NLRA, until January 31, 2012. The Rule was originally scheduled to be effective November 14, 2011.

We published a Client Alert titled “NEW NLRB RULE REQUIRES PRIVATE SECTOR EMPLOYERS TO POST NOTICES” in September 2011, notifying employers of this latest attempt by the NLRB to enhance Union efforts to organize non-Union workers. The NLRB announced its voluntary delay in implementing this Rule, during a Status Conference on October 5, 2011 for a case brought against it by the National Association of Manufacturers (NAM) in the Federal District Court in Washington, D.C. This case, which has significant national implications, is an effort by the NAM to stop the NLRB from even promulgating such a Rule. The NAM’s Complaint asserts that requiring all private sector employers to post Notices of employee rights to unionize and engage in concerted activities is not consistent with the intent of Congress when it passed the NLRA, and is thus beyond the NLRB’s authority. The NAM lawsuit also claims that such a Rule violates the Administrative Procedures Act.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

Written by:


Dickinson Wright on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.