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NLRB delays poster rule until April 30

January 02, 2012

Washington—The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule to April 30.

Most private-sector employers, including certain dental offices, are affected by the regulation, which had been slated to go into effect Jan. 31.

The NLRB said it agreed to postpone the rule at the request of the federal court in Washington that is hearing a legal challenge regarding the rule.

In a notice posted on its website, the NLRB says, "The Board’s ruling states that 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. The new implementation date is April 30, 2012."

The notice also says that most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date of April 30.

The notice is available at no cost from the NLRB through its website, www.nlrb.gov, which has additional information on posting requirements and NLRB jurisdiction.

The NLRB Web page includes a link to "Employee Rights Poster."

When effective, the regulation will require private-sector employers within the NLRB’s jurisdiction to display the poster where other workplace notices are posted and on an internal or external website if other personnel policies or workplace notices are posted there.

The 11-by-17-inch notice that will be required for posting 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 these activities.

The U.S. Chamber of Commerce and South Carolina Chamber of Commerce filed a lawsuit in the U.S. District Court of South Carolina challenging the new notification rule.