New Labor Posting Postponed Until April 30, 2012

By David James and Joe Schmitt

In fall 2011, the National Labor Relations Board (NLRB) issued a final rule requiring nearly all employers to display a new labor poster in the workplace. Initially, the new posting requirement was slated to take effect on November 14, 2011. However, the NLRB’s authority to issue the posting requirement has been challenged in court, which has suspended the effective date. The effective date has been pushed back twice, and now is scheduled for April 30, 2012.

In the interim, employers should familiarize themselves with the posting and prepare to implement it, should it survive legal challenge. Among other things, the poster informs employees of their right to form a union; discuss wages, benefits and other terms and conditions of employment; and act collectively, including striking and picketing. The poster includes the NLRB’s contact information and invites employees to report violations.

In addition to a physical posting, the NLRB requires employers to include the poster on the employer’s Internet or Intranet site, if such a site is used for personnel policies. The posting must be in English as well as any other language spoken by at least 20% of the workforce. While a failure to post is not an independent unfair labor practice, it may cause the NLRB to find an unlawful motive in support of an alleged labor violation. Furthermore, failing to post may extend the six-month statute of limitations for unfair labor practice claims.

Association members should continue to monitor the status of the posting requirement to determine whether the NLRB retains the April 30, 2012 deadline, or postpones it once again.

David James and Joe Schmitt are shareholders in the labor and employment group at Nilan Johnson Lewis. Association members are entitled to 30 minutes of free advice from David or Joe regarding labor and employment issues as an additional benefit of membership.