Court decisions in the past few days have delayed yet again the National Labor Relations Board’s (NLRB) new notice posting rule, which was scheduled to take effect on April 30, 2012 after a previous delay. A federal trial court in South Carolina invalidated the NLRB’s rule in its entirety, and a federal appeals court in Washington, D.C. ordered that implementation of the rule be stayed pending further legal proceedings. As a consequence, at least for the time being, employers are not required to post the statement of employee rights under the National Labor Relations Act (NLRA).
The journey to this point started with the NLRB’s controversial decision to publish a final rule in August 2011 which requires employers to post a notice to employees explaining their rights to unionize and to negotiate with their employers about terms and conditions of employment. The rule also provides that if an employer fails to comply with the notice posting requirement, it can be found to have committed an unfair labor practice and, moreover, the six-month period unions and employees have to file unfair labor practice charges can be extended to account for non-compliance. See our previous alert on the rule here for more details on the final rule and its subsequent follow-up alert when the rules were initially postponed.
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