NLRB Delays Posting Date For New Employee Rights Notice Amid Outrage By Business Community

Volume 10, Issue 12
October 5, 2011

Earlier today, the National Labor Relations Board ("NLRB") issued a press release announcing a delay of the implementation date for its new and controversial employee rights notice posting from the current deadline of November 14, 2011 to January 31, 2012.

The NLRB asserts that the additional time is needed for "enhanced education and outreach to employers, particularly those who operate small and medium sized businesses," given "queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction."

While the purported level of "uncertainty" about the NLRB's new rule is debatable, the level of outrage from the nation's business community is not. There are a number of recently filed lawsuits by business groups and business owners alike challenging the NLRB's authority to require companies to post the employee rights notice, including lawsuits by the U.S. Chamber of Commerce along with the South Carolina Chamber of Commerce, the National Association of Manufacturers and the National Federal of Independent Business, which is joined by the National Right to Work Legal Defense and Education Foundation and individual businesses. These business groups and individual businesses maintain that the NLRB's new employee notice rule violates federal law, constitutes another unnecessary regulation that places more undue burden on the nation's struggling employers and is merely another part of the current Administration's orchestrated efforts to encourage the unionization of the nation's private-sector workforce to the detriment of employers and employees alike.

It should come as no surprise that the employee notice rule was passed by the NLRB's Democrat Members at the time, former Chairman Wilma B. Liebman, current Chairman Mark Gaston Pearce and Member Craig Becker, over the objections of lone Republican Member Brian Hayes. As reported in KZA's August 26, 2011 Employer Report, Member Hayes maintains that millions of employers in the private sector will be subjected to this new posting requirement simply to, "reverse the steady downward trend in union density among private sector employees in the non-agricultural American workforce."

Failing or refusing to properly post the new employee notice will be an independent violation of the National Labor Relations Act ("NLRA"), can serve as the basis for the NLRB to extend the six-month limitation period for filing unfair labor practice charges and constitutes evidence of anti-union motivation.

KZA will keep you apprised of any further develops concerning this highly controversial issue.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.