Professional Service Agreement

NLRB Delays Posting Deadline — Again

December 30, 2011

The National Labor Relations Board (NLRB) has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, D. C. hearing a legal challenge to the rule. The posting requirement was originally set for mid- November 2011 and was later delayed until January 31, 2012.

Now the deadline for posting the notice is April 30, 2012. The Board's ruling states it has determined that postponing the effective date of the rule will facilitate the resolution of the legal challenges that have been filed with respect to the rule. Business groups including the U. S. Chamber of Commerce and the National Federation of Independent Business have filed lawsuits seeking to block implementation of the poster requirement. They contend the NLRB has overstepped its authority by mandating what the groups say is a blatantly pro-union message.

This second postponement is to avoid an injunction preventing the rule from going into effect during litigation. We will keep you posted on any additional developments related to this issue.

For employers wishing to remain union-free, SESCO has several options available including training for managers, employee opinion surveys, and our Union Awareness/Avoidance Manual.

If we may be of assistance, contact Bill Ford at 423-764-4127 or by email at