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December
28, 2011
National Labor
Relations Board Delays
Posting Requirement
(Again)
By: Kurt M. Gr=
aham and
L. Steven =
Platt
The National Labor Relations Board ("NLRB")
has again delayed implementation of its rule requiring employers
subject to NLRB jurisdiction to post a workplace notice informing
employees of their rights under the National Labor Relations Act =
("NLRA"). The notice posting requirement=
now
takes effect on April 30, 2012. The NLRB notice was originally
supposed to be posted by November 14, 2011, but the NLRB postponed
the deadline until January 31, 2012 "in order to allow for
enhanced education and outreach to employers, particularly those =
who
operate small and medium sized businesses."
The NLRB rule has been challenged in court by lawsui=
ts
filed in the U.S. District Court for the District of Columbia and=
the
U.S. District Court for the District of South Carolina. Parties to
the litigation against the NLRB include the National Association =
of
Manufacturers, the Coalition for a Democratic Workplace, the Nati=
onal
Right to Work Legal Defense and Education Fund, the National
Federation of Independent Business, the U.S. Chamber of Commerce,=
and
the South Carolina Chamber of Commerce.
District of Columbia Judge Amy Berman Jackson held a
hearing on December 19, 2011, during which she told NLRB lawyers =
that
the legal issues "deserve more time" than the
"arbitrary" January 31, 2012 date for implementation. In
response, on December 23, 2011, the NLRB moved the effective date=
to
April 30, 2012 stating "postponing the effective date of the
rule would facilitate the resolution of the legal challenges that
have been filed with respect to the rule."
If you have any questions about the NLRB rule or how=
the
NLRB's decision impacts your workplace, please contact Kurt Graha=
m at
(616) 608-1144 or kgraham@clarkhill.com;
or Steve Platt at (312) 985-5943, or splatt@clarkhil=
l.com;
or your Clark Hill labor and employment attorney.
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