NLRB Workplace Poster Requirement Delayed Again

Two courts have again forced a delay to a National Labor Relations Board (NLRB) deadline requiring a new NLRB poster mandate regarding employee’s rights to unionize it has been trying to put into effect and enforce on most U.S. businesses.  The latest missed deadline was April 30, 2012.

This time, on April 13th the District Court of South Carolina struck down the Poster Rule, stating that the Poster Rule was unenforceable because the NLRB lacked the authority to require employers to post the NLRB notice absent a congressional mandate.

Then, on April 17th the D.C. Circuit Court of Appeals issued an emergency injunction that blocked the NLRB from enforcing the poster mandate until the court can hear a legal challenge brought by a group of business organizations. The timing of a hearing and decision is pending.

The NLRB rule seeks to require most U.S. businesses to hang a new 11″ x 17″ workplace notice advising employees of their rights to organize into unions.  Many have called the posters biased and heavily slanted toward unions.

The NLRB Poster Rule’s original effective dates of November 14, 2011 and January 31, 2012 were also delayed.

It appears that the earliest date that employers will have to comply with the Poster Rule is sometime in September 2012.

Any additional changes to the NLRB requirement will be posted here and will also be sent to all HR UPDATE subscribers.