NLRB Postpones Implementation of Notice-Posting Rule

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April 20, 2012

On Tuesday, April 17, the National Labor Relations Board (NLRB) issued a press release stating that in light of the strong interest in the uniform implementation and administration of agency rules, its regional offices will not implement the controversial notice-posting rule pending the resolution of a federal court case. (For more background information regarding the rule, please read our previous article).
The D.C. Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.
In response to the pushback from courts regarding the rule, NLRB Chairman Mark Gaston Pearce said, “[w]e continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”
For employers, this announcement means that they will not be required to comply with the previously stated April 30 deadline and should wait for further advice from legal counsel regarding any notice postings. If you have questions regarding the above, please contact any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware.

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