NLRB’s Posting Rule Survives - For Now


Business groups took one on the chin recently when their challenge to the National Labor Relations Boards’ (“NLRB”) new posting rule was upheld by the opinion of a judge in the United States District Court in Washington, D.C. With that decision, it becomes a little more likely that employers will be required to follow the new posting requirement by April 30, 2012, the newest date set by the NLRB for the rule to take effect. 76 Fed. Reg. 82,133 (Dec. 30, 2011). Nonetheless, the fight against the posting requirement continues. The notice, which is available for review and printing on the NLRB’s website describes the National Labor Relations Act (“NLRA”) and then states the following:

Under the NLRA, you have the right to:

- Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.

- Form, join or assist a union.

- Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

Please see full Alert below for further information.

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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.

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