|
On August 30, the National Labor Relations Board ("NLRB") announced a final rule requiring most private sector employers to post in a conspicuous place (and electronically if the employer posts other employment related policies in such a fashion) a prescribed 11" x 17" notice advising employees of their right to engage in organizational and other concerted activity under the National Labor Relations Act. Initially, the NLRB mandated that the notice be posted no later than November 14, 2011. To read Polsinelli Shughart's original eAlert on this issue, click here.
The United States Chamber of Commerce filed suit on September 20 to block the rule. In a press release issued on October 5, the NLRB announced that the posting requirement will be delayed until January 31, 2012 to afford the NLRB the opportunity to engage in "education and outreach" to small and medium sized businesses that may erroneously believe themselves exempt from the notice posting requirement.
Under the final rule, all employers who are subject to the NLRB's jurisdiction, which includes non-union employers that engage in "interstate commerce" are obligated to post the notice. In most cases, the NLRB's jurisdiction extends to employers whose interstate business dealings in goods and services total at least $50,000. Most employers will fall within the NLRB's $50,000 jurisdictional threshold.
The NRLB has taken the position that failure to post the notice in a timely manner may be an unfair labor practice, extend the statute of limitations for filing charges, and possibly infer that challenged employment decisions are based on motives violative of the Act. Therefore, employers need to take the directive to post seriously and consider strategies for the impact of the posting obligation. |
