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National Labor Relations Board Postpones Notice Requirement

The National Labor Relations Board (NLRB) postponed the implementation date for the new notice-posting rule until January 31, 2012.  The Board indicated that the delay was to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses."

The NLRB further indicated that most private sector employers will be required to post the 11-by-17-inch notice, which will be available from the NLRB through its website, either by downloading and printing or ordering a print by mail.

The posting requirement has garnished significant attention from a number of groups.  Notably, the National Association of Manufacturers (NAM), the National Federation of Independent Businesses (NFIB), and the U.S. Chamber of Commerce are each parties in three different lawsuits pending in federal courts seeking injunctions against the NLRB's rule.  Additionally, Congressman Ben Quayle introduced HR 2833, The Employee Workplace Freedom Act, to block the implementation of the NLRB regulation requiring the new posting. The Employee Workplace Freedom Act seeks to repeal the regulation and specifically provides that the NLRB shall not enforce or promulgate any rule that requires employers to post notices relating to the National Labor Relations Act.

By: Justin A. Morocco

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