NLRB Backs Off (For Now) Requiring Mandatory Union Rights Poster

By Eric B. Meyer

The National Labor Relations Board announced yesterday afternoon that is has pushed back its deadline for covered employers to post this notice, advising employees how to form a union, among other things.

The NLRB announced in this press release that the new posting deadline is January 31, 2012. The Board explained its decision to extend the deadline this way:

The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.”

Here are more details in this news alert from my law firm, Dilworth Paxson LLP.

The decision to extend the deadline is curious given that the NLRB Board has already prepared a FAQ, which rather clearly defines — in the very first Q&A — which businesses must adhere to the posting requirement.

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So, I’m going to call bull**** on the Board’s “let’s-further-educate-the-businesses” delay rationale and speculate that it may have something to do with these three lawsuits (here, here, and here) discussed here that are pending against the NLRB concerning its notice requirement.

But that’s just my opinion.

This was originally published on Eric B. Meyer’s blog, The Employer Handbook.

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (, which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.


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