FOR THE NLRB,
IT IS DÉJÀ VU ALL OVER AGAIN.
This is an update to our Client Alert dated 10/10/2011. If you will recall, we previously reported that the National Labor Relations Board (“NLRB” or the “Board”) had postponed the implementation of its rule requiring most private sector employers to post a notice advising employees of their rights to unionize. The Board initially postponed the notice requirement from November 14, 2011 to January 31, 2012. Now, at the request of a federal judge overseeing two lawsuits challenging the Board’s authority to require such a notice, the Board has agreed to further postpone the implementation date of its posting rule until April 30, 2012.
The 11″ x 17″ notice, which must be posted both in English and in any other language spoken by more than 20% of employees, informs employees about their rights under federal law to (1) form, join or assist a union in an effort to organize a company’s workforce; (2) bargain collectively; (3) discuss wages, benefits and other terms and conditions of employment; and (4) raise complaints with management, strike or picket. The notice also provides examples of other employer conduct which is prohibited by law.
An employer’s failure to post the notice may have serious consequences. It may extend the six-month filing period for unfair labor practice (“ULP”) charges against an employer and it also may be used as evidence of an employer’s unlawful motive in a subsequent ULP case.
We will let you know if the NLRB postpones this notice posting rule yet again. If you have any questions regarding the posting requirement or if you would like to arrange for management training to respond to potential employee questions relating to unionization, please contact Seth Briskin or Lester Armstrong at (216) 831-0042 or visit us on the web at www.meyersroman.wpengine.com.