A new regulation from the National Labor Relations Board is being challenged in court by the small business community as an overreach of its legal authority granted to it by Congress in the National Labor Relations Act (NLRA). According to the lawsuit, the regulation requires the nearly 6 million employers covered by the NLRA "to post a workplace notice informing employees of some of their rights under the NLRA, as selected and reinterpreted by the NLRB" including forming, joining, or assisting a union.
The rule was proposed on December 22, 2010 and generated over 7,000 comments. Despite this overwhelming outcry, the final rule was published on August 30, 2011 with a November 14, 2011 effective date. Additional information can be obtained at http://www.nlrb.gov/poster. NPGA is exploring additional avenues for supporting the litigation against the NLRB rule.
In a positive development learned by NPGA just this morning, the NLRB announced that it will voluntarily delay implementation of the posting requirement rule until January 31, 2012. The decision to delay was made in response to the lawsuits filed by several organizations against the NLRB. In addition, the Court has set the date for a hearing on summary judgment motions for December 19th with a decision being rendered before the new effective date of January 31, 2012.
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