On October 5, 2011, the National Labor Relations Board announced that it was postponing to January 31, 2012, the effective date of its new notice-posting rule. That rule, issued in August, will require all employers covered by the National Labor Relations Act to post a notice advising employees of their right to unionize and certain other protected rights. The Board’s press release asserted that the deadline has been extended in order to allow more time for “education and outreach” to employers. Many commentators, however, suspect that the delay has more to do with pending legal challenges to the new rule. Among its other flaws, the new rule requires employers to notify employees of their pro-union rights but not of their rights to oppose unionization, such as their right to speak out in opposition to a union, to refuse to sign an authorization card, to vote “no” in a union election, to refuse to pay full union dues (in all states) or to pay any money to a union at all (in right-to-work states), and their right to “decertify” a union.
For now, employers should plan to post the required notice on January 31, 2012 - unless the Board postpones that deadline again, for more “education and outreach.”