NLRB Update: Posting Requirement Postponed Again, “Quickie” Election Rule

December, 2011

The National Labor Relations Board ("NLRB”) has announced that it has once again postponed the "Notification of Employee Rights” posting deadline. This is the second time the NLRB has postponed the poster requirement.

The National Federation of Independent Businesses (NFIB) and the National Association of Manufacturers (NAM) filed suit this fall to block the poster which aggressively instructs employees of their rights to form a union, discuss their wages, call a work stoppage, etc. Most employers view it as an unnecessarily negative message that detracts from proactive workplace collaboration. The first postponement moved the original effective date from November 14, 2011 to January 31, 2012. At the request of a federal court in Washington, D.C., the NLRB has now agreed to defer the posting requirement for three more months until April 30, 2012.

In related news, earlier this month, the NLRB released its final rule to amend pre-election procedures. Though there were eight substantive changes, the most significant change, dubbed the "Quickie Election,” shortened the time frame between filing the petition and election to an average of 21 days. The Board must vote one more time before the rule becomes final and this vote is likely to be delayed due to NLRB procedural issues and pending legal challenges.

Cascade will keep you posted on these important issues.


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