NLRB Again Delays Effective Date of Notice Posting Requirement

Date: January 12, 2012

Last August, the National Labor Relations Board issued a regulation requiring that all employers subject to the National Labor Relations Act post a notice advising employees of their right to form unions and engage in other activities protected by the Act.  The effective date of the posting requirement was originally set for November 2011, but was later pushed back to January 31, 2012.  The NLRB has now further delayed the implementation date to April 30. 

As detailed in the previous edition of this newsletter, the NLRB issued a final rule last August requiring all employers subject to the National Labor Relations Act to post a notice summarizing the rights of employees under the statute.  (The notice may be viewed on the Board's website, at  The notice consists of a summary of the rights established by the NLRA, including the right of employees to form a union and to engage in other collective activities to seek improved terms of employment.

At the time the regulation was announced, the deadline for posting of the notice was set for November 14, 2011.  Shortly after the regulation was adopted, however, the NLRB's authority to require the posting of such a notice became subject to multiple court challenges.  The NLRB subsequently delayed the regulation's effective date to January 31, 2012. 

In late December, the NLRB announced a second delay in the effective date of its notice posting requirement.  The requirement to post the notice is now set to take effect on April 30, 2012. 

Takeaway for Employers:
The postponement of the effective date of the notice posting requirement is certainly welcome news for employers.  The Board has acknowledged that the purpose of the most recent delay is to facilitate the resolution of the legal challenges that have been raised with regard to the rule.  While the outcome of those legal proceedings may result in the notice posting requirement never taking effect, employers are advised to prepare for the posting obligation to become effective on April 30.  Therefore, employers who have not yet developed a contingency plan for responding to potential organizing activity will need to become more attuned to the possibility of such activity in light of the fact that information on unionization will potentially be displayed by law at their own places of business.