Murtha Means More

Posting of National Labor Relations Act Rights Postponed Indefinitely

April 18, 2012

Last year the National Labor Relations Board (NLRB) adopted regulations that would require nearly all private sector employees to post an 11x17 notice informing employees of their various rights under the National Labor Relations Act (NLRA). The NLRB also announced some rather draconian sanctions for employers who fail to make such postings. Originally scheduled to require postings in late 2011, the NLRB voluntarily delayed the deadline several times in the face of several court challenges, with the most recent implementation date set for April 30, 2012.

On Tuesday, April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit ordered that the posting requirement be further delayed while that court addresses an appeal from a trial court that partially invalidated the regulation. The NLRB has announced that it will therefore delay implementation of the rule pending resolution of the issue before that court. The D.C. Circuit has scheduled argument on the appeal for September 2012, and is unlikely to issue a final decision until at least October 2012, so, absent a change in the ruling, the posting requirement will remain postponed until at least Fall 2012.

Employers therefore do not need to post the NLRA notice at this point

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