For the second time, the National Labor Relations Board (NLRB) postponed the effective date for posting its employee rights notice. The new date is April 30, 2012. Most private-sector employers including dealerships must post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” The poster informs employees of their rights to organize a union, bargain collectively through representatives chosen by the employees and to make efforts to improve the terms and conditions of their employment. The poster requirement was initially scheduled for implementation on November 14, 2011, but was delayed until January 31, 2012, as a result of litigation filed by various organizations. On December 23, 2011, the NLRB said it would delay implementation to April 30, 2012, in response to a request by a federal court judge hearing a legal challenge to the poster requirement. However, because this issue remains in litigation, there is a chance that this posting deadline will be delayed at least one more time. Employers who have already posted the notice may take it down or leave it up as they chose at this point.
It is not uncommon for a federal or state agency to make a rule and then have it challenged in court or even to have the agency delays to seek further comment and clarification. The Red Flags Rule is a perfect example of multiple delays before the final implementation date was settled on.
If you would like a copy of the proposed Employee Rights Notice go to https://www.nlrb.gov/poster. KPA’s HR Management clients will find the notice in the “Toolkit Section”.