In August, we told you about a new poster which most employers were required to post by November 14, 2011. Well, hold onto those thumbtacks; there has been a slight reprieve.
In late August, the National Labor Relations Board (NLRB) announced a final rule requiring employers to post a notice of Employee Rights under the National Labor Relations Act (NLRA) poster. This requirement applies to private employers, including non-profit employers, and unions, but excludes agricultural, railroad and airline employers, as well as small employers that conduct an insufficient volume of business to fall under the jurisdiction of the law – the NLRA – which the NLRB enforces. The surprising aspect of this new requirement is that it applies to most employers – including those without any unions – because NLRA rights apply to union and non-union workplaces, according to the NLRB.
As you can imagine, a bit of panic ensued after the final rule was published and the NLRB received more than 7,000 comments from employers, employees, and unions, a majority of which objected to all or parts of the final rule. As a result, the NLRB issued a press release last week announcing its decision to postpone the implementation date for the notice until January 31, 2012. Hopefully, this will allow for increased education and outreach to employers, many of which find it unsettling to hear the words "union" and "rights" in their workplace.
The delay will also will provide time for the NLRB to review and analyze actions challenging the notice and the NLRB's authority to create or enforce a rule requiring the notice, such as a lawsuit filed in federal court by the U.S. Chamber of Commerce and others.
While the NLRB will not fine employers for failing to post the
notice, the failure can result in a charge of an unfair labor
practice under the NLRA, which may eventually result in sanctions.
Further, if an employer knowingly and willfully fails to post the
notice, the failure also may be considered evidence of unlawful
motive in any unfair labor practice case involving other alleged
violations of the NLRA. Accordingly, the safer course of action is
to post the notice by the January 31st deadline. The notice is
available for free at:
http://nlrb.gov/sites/default/files/documents/1562/employee_rights_nlra.pdf
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