NLRB Postpones Live Date for New Posting Rule


 Well, we have some good news and some repetitive news for you.  On October 5, 2011, the National Labor Relations Board (the “NLRB”)  announced that the  new effective date of its notice/posting rule is  now Jan. 31, 2012. Details on this new posting requirement can be found in our September 14th Client Alert entitled “NLRB Final Rule Requires Employers to Post Notice of Employee Rights”—essentially, this will require eligible employers to post a notice that educates employees about their right to form a union and other available protections pursuant to Section 7 of the National Labor Relations Act.

The NLRB’s justification for this more than two-month postponement was to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses. The NLRB  further stated that the decision to delay the effective date was in response to “queries” from businesses and trade organizations surrounding uncertainty about which businesses fall under the NLRB’s jurisdiction, and was thus delayed in the interest of ensuring broad voluntary compliance.

Even though the NLRB has provided this plausible and altruistic justification for the postponement, many management groups believe that the pending lawsuit to block the implementation of this new rule is the actual reason for the NLRB’s delay. For the official notice visit

If you would like to  further discuss how this regulation affects you or your/your client’s business, please contact one of the members of our Labor and Employment Practice Group:  Seth Briskin at (216) 831-0042, ext. 141 or, Lester Armstrong at (216) 831-0042, ext. 161 or at, or Steve Dlott at (216) 831-0042, ext. 137 or at