NLRB Poster Requirement Delayed Until April 30, 2012

December 27, 2011

As we notified our clients several months ago, the NLRB recently issued a new notice-posting requirement, mandating that employers post an oversized (11" x 17") Notice of Employee Rights. See our August 25 Legal Alert. Because of the pressure of legal actions challenging the new rule, the implementation date was first pushed back from November 9 to January 31, which we noted in an updated Legal Alert on October 6.

Now the date has been pushed back again, for the same reason, to April 30, 2012. According to the Board's press release this will "facilitate the resolution of … legal challenges."

This new (now delayed) requirement, along with the recently announced rule changes aimed at speeding up elections (see our Legal Alert of Dec. 23 for a brief analysis of those changes) will create real and substantial challenges for employers throughout 2012. We strongly urge our clients to make employee relations and "union proofing" of their facilities a top priority for the coming year. For more information on how to do that, contact your regular Fisher &Phillips LLP attorney.


This Legal Alert provides information about a specific new federal rule. It is not intended to be, and should not be construed as, legal advice for any particular subject.