A few days ago, we advised employers to “wait-and-see” and not rush to post the Notice of employee rights under the National Labor Relations Act. Shortly thereafter, the National Labor Relations Board (“the Board”) announced that the Nov. 14, 2011 date was being pushed back to January 31, 2012. Whether the notice posting requirement even goes into effect on that date remains an open question. Employers who are not under an existing posting obligation as government contractors and subcontractors can continue to hold off posting and await further developments.
The substance of the Board’s Notice Requirement is discussed in our earlier Alert here, and the current challenges are discussed here. The Board’s Rule seeks to impose a notice posting requirement on virtually all private sector employers.
The postponement does not affect any pre-existing or future obligations a government contractor or subcontractor may have to post a similar notice under Executive Order 13496. The language of the new Board required Notice tracks the language of the Notice now being required of certain government contractors and subcontractors, pursuant to a rule adopted by the Department of Labor earlier in 2010. Under that rule, contractors and subcontractors are required to post the Notice if they have entered into covered federal contracts or subcontracts containing the posting requirement. We described that rule and its posting requirements in a May 2010 alert.