On August 26, 2011, we advised you in a GR E-lert that the National Labor Relations Board ("NLRB") issued a final ruling requiring most private employers to notify employees of their rights under the National Labor Relations Act by posting a notice by November 14, 2011. The notice informs employees of their rights under the NLRA to organize and bargain collectively with their employer, and to engage in concerted protected activity.
The NLRB has just announced that the posting requirement has been postponed until January 31, 2012, ostensibly to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." In fact, the delay was likely prompted by numerous lawsuits filed against the NLRB attacking the posting requirement, as well as legislation filed in the House of Representatives by Republican John Kline, who introduced the "Workforce Democracy Fairness Act" which makes substantial changes to the NLRB's provision for resolution of questions concerning union representation.
If the notice posting requirement survives legal challenges and attacks by members of Congress, we recommend that employers proactively advise their employees in advance that an NLRB notice will be posted, educate employees on the company's position on unions, and conduct supervisory training on the "common signs that union activity may be underway.
We will keep you posted as this matter develops.