The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date is April 30, 2012.
A December 23 statement from the NLRB says it “has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule.”
This is the second time implementation of the rule has been delayed. Originally, it was to take effect November 14, 2011, but the effective date was later set for January 31, 2012, after legal challenges were filed.
If the new rule is eventually implemented, all employers under NLRB jurisdiction will be required to display the notice — even if they’re not unionized. When the Board announced the first postponement, it said it had received queries indicating uncertainty about which businesses fall under NLRB jurisdiction. The Board said most private-sector employers would be covered.
The rule sparked strong criticism when it was issued in August. Employer organizations opposing it called it an attempt by the NLRB to overreach its authority and place more burdens on employers.
The 11-by-17-inch notice states that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities. The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.