Judge Asks NLRB to Consider Delaying New Poster Rule

HR Watchdog reported in early October that the National Labor Relations Board (NLRB) postponed the start date of its final rule requiring employers to notify employees of their rights under the NLRA (the NLRA Poster) until January 31, 2012. The start date was postponed so a court could hear a summary judgment motion challenging the rule.

The motion was filed by the National Association of Manufacturers, and the hearing on that motion took place today. Several sources are reporting that, during the course of the hearing, Judge Amy Berman Jackson encouraged NLRB attorneys to discuss delaying implementation of the NLRA Poster requirement until the court reaches a decision.

We have not received official word from the NLRB as to whether the agency will further delay the current January 31, 2012, implementation date. We will keep you updated as soon as we have any such information.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel