NLRB postpones employer notice-posting implementation

By James H. Kizziar, Jr., Bracewell & Giuliani LLP

NLRB postpones employer notice-posting implementation until January 31, 2012. Everything else about the requirement stays the same.

The October 2011 issue of TAA e-News & Views Newsletter included an article relating to the National Labor Relations Board’s (NLRB) new rule requiring most private-sector employers to notify employees of their collective bargaining and other rights under the National Labor Relations Act (NLRA) by posting a notice in the workplace.

As mentioned in the article, the posting requirement:

• applies to all employers that are subject to the NLRA
• applies regardless of whether the employees are represented by a union, and
• compels employers to begin posting the notice no later than November 14, 2011.

However, after that article went to press, the NLRA announced it has moved the posting due date to January 31, 2012. Everything else about the requirement stays the same.

According to the NLRB website, postponing the implementation date for the notice-posting rule will allow for enhanced education and outreach to employers, particularly those who operate small and medium-sized businesses. Although most private sector employers—regardless of whether they are unionized—will be required to post the notice, there is no need to post it before January 31, 2012.

Most private sector employers will be required to post the 11" x 17" notice in the format, type size and style prescribed by the NLRB. The notice can be downloaded and printed from the NLRB website, https://www.nlrb.gov/poster.

As a reminder, the October 2011 TAA e-News & Views article regarding posting requirements included the following issues that employers should consider:

• The notice must be posted in conspicuous places in the workplace, such as in the same location other employment posters are displayed. Employers with remote worksites should also post the notice at those locations to ensure that all employees are notified of their rights.
• The notice must also be posted on an intranet or Internet site if the employer customarily communicates with employees about personnel rules or policies by such electronic methods. If 20 percent or more of an employer’s workforce is not proficient in English and speaks a language other than English, the employer must also post the notice in the language employees speak.
• Failure to post the notice may result in the NLRB finding that the employer has committed an unfair labor practice in violation of the NLRA. The NLRB also may extend the six-month statute of limitations for filing an unfair labor practice charge involving other unfair labor practice allegations against the employer.

James H. Kizziar, Jr. is a partner with Bracewell & Giuliani LLP in the firm’s San Antonio, Texas and Washington, D.C. offices. He is Special Counsel to TAA for labor and employment issues. He represents management in all aspects of labor and employment law.