Late last year, the National Labor Relations Board’s (NLRB) announced a new rule mandating that all employers post a notice advising employees of their “union” rights under the National Labor Relations Act (NLRA). Originally, the NLRB Notice Posting Rule was to become effective November 14, 2011. It was then extended until January 31, 2012.
Just recently, the NLRB agreed to postpone the effective date of this Notice Posting Rule at the request of the federal court in Washington, D.C., which is hearing a legal challenge regarding the rule. In its press release, the Board stated that it determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges filed pertaining to the rule. The new effective date is now April 30, 2012.
Employers objecting to the new rule have argued that it exceeds the NLRB’s authority by extending the statute of limitations; is arbitrary and capricious under the Administrative Procedure Act; and violates the First Amendment.
The Board’s new rule will require that all covered businesses, union or not, post the “union” rights notice as of April 30, 2012. Very few private sector employers will be exempt.
Despite the repeated postponements, employers should consider being pro-active in the event the posting requirements are upheld. Such action should include:
- Update employee and/or policy manuals and address social media concerns;
- Review your position on unions with employees and publicize your company’s approach to addressing grievances and employee workplace concerns; and
- Train managers and supervisors to identify union activity in its earliest stages and to respond lawfully to such activity.
