National Labor Relations Board New Posting Requirement Rule SUSPENDED

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Wednesday, April 18, 2012

The National Labor Relations Board’s (“NLRB”) new notice posting requirement regarding employee rights has been suspended indefinitely. The District of Columbia Circuit Court of Appeals has issued an injunction precluding the NLRB from implementing the new requirement which was to take effect on April 30, 2012. The Court issued the injunction on implementation of the rule because there is a conflict among various district courts as to whether the NLRB had the authority to promulgate the rule in the first place. The NLRB has decided to suspend the new rule until the issues are resolved by the courts. 

As discussed in B&D's September 13, 2011 E-alert, (click here for copy) the rule would have required most private sector employers to post a notice in their workplaces notifying employees of their rights to organize under the National Labor Relations Act. The requirement was mandated regardless of whether the employer is unionized or union-free. 

If you have any questions or if you would like to discuss ways to avoid unionization or union issues in general, please contact Alfred Gray or other members of Bowditch & Dewey’s Labor and Employment Practice Group.