Back on August 30, 2011, the NLRB issued a final rule requiring employers to display an 11-by-17-inch poster in their workplace that contains a select list of employee rights under the National Labor Relations Act (NLRA). On December 30, 2011, the NLRB announcedthat it is delaying the effective date of their notice posting requirement from January 31, 2011 (which was itself a postponement from the original effective date of November 14), to April 30, 2012—the same day as the current effective date for the election rule. On that date, employers will be required to post a physical copy of the notice at workplaces, as well as an electronic copy on the internet (or company intranet) if it already does so with other similar federal notices. 

This most recent delay comes at the request of the U.S. District Court judge considering legal challenges filed in September 2011 by several employer representatives, including the ABC-led CDW. The lawsuits assert that the NLRB does not have authority under the NLRA to issue the rule. 

In addition to the legal challenges, ABC produced an 11-by-17-inch sample supplemental notice designed exclusively for nonunion contractors outlining additional rights granted under the NLRA. Under the rule’s provisions, employers have the option of posting their own notice (in addition to the NRLB’s notice), as long as it does not contain “threat[s] of reprisal or force or promise[s] of benefit.”  That ABC companion poster can be downloaded at the Cornhusker Chapter Website www.abcnebraska.org.

As the rule is currently written, failure to post the notice on or after the effective date will be considered an enforceable unfair labor practice violation of the NLRA. In addition, the board may extend the six-month statute of limitations for filing a charge when a case involves other unfair labor practices. If an employer is found to knowingly and willfully refuse to comply with the requirements, it could be used as evidence of unlawful motive in other unfair labor practice cases.

We will continue to inform members of any major developments related to the case. We will also make everyone aware of any subsequent changes to the posting requirements and/or effective date.

RESOURCES:

·        Final Rule on Notification of Employee Rights Under the National Labor Relations Act

·        NLRB Fact Sheet

·        Official, 11-by-17-inch NLRB Notice Poster

·        ABC Supplemental, 11-by-17-inch Notice Poster