NLRB Postpones Deadline to Post NLRA Rights Poster | Practical Law

NLRB Postpones Deadline to Post NLRA Rights Poster | Practical Law

The National Labor Relations Board (NLRB) postponed the effective date of its final rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA).

NLRB Postpones Deadline to Post NLRA Rights Poster

Practical Law Legal Update 0-508-9011 (Approx. 4 pages)

NLRB Postpones Deadline to Post NLRA Rights Poster

by PLC Labor & Employment
Published on 06 Oct 2011 • USA (National/Federal)
The National Labor Relations Board (NLRB) postponed the effective date of its final rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA).
On October 5, 2011, the NLRB postponed the effective date of the rule requiring employers to post a notice of employee rights under the National Labor Relations Act (NLRA) (see Legal Update, NLRB Issues Final Rule Requiring Employers to Post Notices of NLRA Rights. The mandatory posting is postponed from November 14, 2011 to January 31, 2012. According to a press release, the NLRB is postponing the effective date of the posting requirement in response to confusion by businesses about whether they fall under the NLRB's jurisdiction.
Three lawsuits opposing the NLRB rule were filed last month, alleging that the NLRB lacks authority to require that employers post the notice. On September 8, 2011, the National Association of Manufacturers (NAM) filed a complaint in the US District Court of the District of Columbia, seeking to enjoin the NLRB from enforcing the rule. On September 19, 2011, the National Federation of Independent Businesses (NFIB) filed a similar complaint in the DC District Court. The US Chamber of Commerce filed a third complaint on September 19, 2011 in the US District Court of South Carolina.
All three complaints allege that the NLRB lacked statutory authority to:
  • Require an NLRA rights posting by employers.
  • Create a new unfair labor practice.
  • Toll the six-month statute of limitations for unfair labor practice charges until the employer posts the notice.
In addition, the US Chamber of Commerce alleges that the NLRB:
  • Acted arbitrarily and capriciously by drafting the notice without referring to state right-to-work laws and other employee rights.
  • Violated the Regulatory Flexibility Act by refusing to conduct the regulatory flexibility analyses required under the law.
  • Violated the First Amendment by forcing employers to post a notice supporting ideological views with which they might disagree.