NLRB Delays Employee Rights Poster Rule

by Sayema Hameed

The National Labor Relations Board (“NLRB”) has delayed implementation of its rule requiring employers covered by the National Labor Relations Act (“Act”) to post a notice in the workplace advising employees of their rights to organize under the Act.  The poster rule, which was originally scheduled to go into effect on January 31, 2012 and then delayed to April 30, 2012, has been the subject of several lawsuits.  On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit issued an emergency injunction against the poster rule, in National Association of Manufacturers v. NLRB, No. 12-5068.  The Court also ordered briefing and oral argument in September 2012.

The NLRB responded by officially postponing the deadline to hang the employee rights poster, stating in part: “In view of the DC Circuit’s order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.”  This means that the poster rule will not go into effect until the fall of 2012 at the earliest.

Employers can read more about the poster rule on the NLRB website: http://www.nlrb.gov/news-outreach/employee-rights-poster