NLRB Postpones Final Rule a Second
Time
By: David
Farren
The National Labor Relations Board (NLRB) for the second time
has postponed its final rule requiring both union and non-union
employers to notify employees of their rights under the National
Labor Relations Act by posting an Employee Rights Notice.
http://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_nlra.pdf.
The proposed ruling was initially to be effective on
November 14, 2011. Due to litigation, however, the NLRB extended
this posting requirement until January 31, 2012. Recently,
the NLRB agreed to again postpone the posting requirement until
April 30, 2012, in part based on the
litigation.
A federal court in Washington, D.C., is hearing legal
challenges to this posting requirement. The case
centers on the NLRB's authority to issue a ruling
requiring employer posting and notice. In addition to the
challenge in Washington, D.C., which started with two separate
federal cases that have now been consolidated into one case, there
is a similar challenge in South Carolina. Litigation is
a lengthy process and it is likely that the posting deadline will
once again be delayed.
About the author: David Farren is an
attorney at the Phoenix law firm of Jaburg Wilk and works in employment
law, antitrust, and commercial
litigation. He can be reached at 602-248-1048
or at dnf@jaburgwilk.com.
3200 North Central Avenue
. Phoenix . Arizona
This article is not intended to provide legal advice.
Always consult an attorney for legal advice for your particular
situation.