CLIENT UPDATE

Putney, Twombly, Hall & Hirson LLP
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October 5, 2011

NLRB Postpones Deadline for Posting Notice of Employee Rights

As we advised on August 26, 2011, the National Labor Relations Board (“NLRB”) has adopted a rule to require employers to post a notice of employee rights under the National Labor Relations Act (“NLRA”).  The 11 x 17 notice provides information to employees about the right to organize a union, bargain collectively, and engage in protected concerted activity – as well as the right to refrain from such activity.  Our Client Alert on the adoption of the notice rule is available online at http://www.putneylaw.com/cu_082611.html).

The NLRB has now postponed the implementation date “in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”  The new effective date of the rule is January 31, 2012.  Employers should not post the notice until that date.  A copy of the notice is now available on the NLRB’s website at http://www.nlrb.gov/poster.  Employers may also obtain hard copies of the notice from any of the NLRB’s regional offices.

The NLRB may treat the failure to post the notice as an unfair labor practice.  The NLRB has indicated that it expects in most cases that “employers who fail to post the Notice were unaware of the rule and will comply when requested by a Board agent.  In such cases, the unfair labor practice case will typically be closed without further action.”  However, the Board may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer as a result of the failure to post the notice.  A willful failure to post the notice may also be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.
 
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