The requirement for employers to post a notice of rights under the National Labor Relations Act (NLRA) has been postponed once again (from 11/14/11, 1/31/12, and 4/30/12) due to an injunction against the posting and conflicting federal opinions about the legality of the notice. The poster would have included information on employees’ rights to organize or participate in a union, bargain collectively, and engage in concerted activity for the mutual aid and protection of fellow employees.
Legal argument on the authority of the National Labor Relations Board (NLRB) to impose this requirement is scheduled for September 2012, so clear guidance on the posting requirement will likely not be available until the fall at the earliest.
The NLRB has issued a statement that it will not enforce the requirement until the litigation has been resolved, in the interest of uniform implementation. Employers may, in the meantime, delay posting the NLRA notice, but should remain alert to further guidance.
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