NLRB Delays Posting Requirement

The National Labor Relations Board (NLRB) announced last week it will voluntarily delay implementation of the posting requirement rule until January 31, 2012. The rule was slated to go into effect on November 14, 2011. The decision to delay was made in response to the suits filed by various organizations against the NLRB.

The National Association of Manufacturers was the first to file suit against the NLRB, arguing that requiring all employers to post a notice of employee rights to unionize is outside the Board’s authority under the National Labor Relations Act and is in violation of the Administrative Procedure Act.

The Court has also set the date for a hearing on summary judgment motions for December 19, 2011 with a decision being rendered before the new effective date of January 31, 2012.