The outcry against a new poster rule from the National Labor Relations Board (NLRB) has resulted in the postponement of the rule’s implementation by more than two months.
The NLRB issued a final rule in August requiring employers to notify employees of their rights under the National Labor Relations Act (NLRA). The original deadline to display the poster was November 14. Under the rule, all employers under the Board’s jurisdiction will be required to display the new poster.
The requirement drew harsh criticism from employer organizations, which called the rule an attempt by the NLRB to overreach its authority and place more burdens on employers.
In announcing the new deadline, the NLRB said it decided to postpone the requirement “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The new effective date of the rule is January 31, 2012.
The NLRB said the decision followed queries indicating uncertainty about which businesses fall under the Board’s jurisdiction. The Board said most private-sector employers will be required to post the 11-by-17-inch notice, which is now available through the NLRB website.
Since the rule was finalized, some employer groups have filed lawsuits and initiated advertising campaigns to try to stop its implementation.
The new poster states that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities. The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.