NLRB Delays Effective Date of Its Employee Rights Notice Rule

The National Labor Relations Board agreed last week to delay the effective date of its controversial new Employee Rights Notice Rule until April 30, 2012 (available at http://www.nlrb.gov/news/nlrb-postpones-effective-date-rights-posting-rule-april-30). The Rule requires that non-exempted employers post a notice of employee rights under the National Labor Relations Act.  Under the rule, most employers will be required to post the 11-by-17-inch notice. The notice is available for free from the NLRB through its website. The notice can either be downloaded and printed or sent via mail.

The Employee Notice Rule is generally considered to be pro labor. The notice outlines the numerous rights under the National Labor Relations Act (NLRA). Among these rights are the right to organize, join, or form a union; strike or picket; as well as the right to complain directly to the employer. The notice also explains many of the restrictions placed on employers under the NLRA. For example, the notice states that it is illegal for employers to fire employees for threatening to close a workplace if a union is created, question employees about union support, or firing employees because they choose to join a union.

The NLRB agreed to postpone the implementation of the date at the request of a federal judge. The rule is currently the subject of litigation and the NLRB believes that postponing the effective date will help resolve the litigation.