On December 23, 2011, the National Labor Relations Board announced it was postponing until April 30, 2012, its requirement that employers covered by the NLRA post a workplace notice informing employees of their federal labor law rights. The posting requirement had been scheduled to go into effect on January 31, 2012.
Court proceedings challenging the notice posting requirement appear to have played a major role in the postponement. The National Association of Manufacturers and the Chamber of Commerce are challenging the requirement in two different lawsuits in federal court. In a December 19, 2011 court proceeding, the federal judge presiding over one of the lawsuits stated that the legal issues "deserve more time" than the previous January 31, 2012 effective date gave her.
In its statement announcing the new April 30, 2012 effective date of the notice posting requirement, the NLRB said that "postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule."
The underlying rule would require employers to post an eleven by seventeen inch notice describing employees' federal labor law rights in all areas where employers usually place notices to employees concerning personnel rules or policies. Employers also would need to publish the notice on their intranet or internet sites if the employer usually uses such media to communicate with employees about personnel rules and policies. Failure to post the required notice would subject the employer to a potential unfair labor practice charge under Section 8(a)(1) of the NLRA.