NLRB Agrees to Postpone Effective Date of Employee Rights Notice-Posting Rule

The National Labor Relations Board has agreed for a second time to postpone the effective date of its employee rights notice-posting rule at the request of Judge Amy Berman Jackson of the District of Colombia federal district court after hearing a legal challenge regarding the rule.  The case is Nat’l Ass’n of Mfrs. (“NAM”), et al. v. NLRB, et al. The implementation of the rule has been delayed until April 30, 2012.

In October, in the face of a motion for preliminary injunction filed in the NAM lawsuit, the NLRB agreed to delay the effective date of its rule requiring all employers to post a “Notice of Employee Rights” until January 31, 2012. Originally, the effective date for posting the Notice was to be November 14, 2011.

The lawsuit filed by NAM asks the Court to determine whether the NLRB has the statutory power to require the notice posting.  Benesch Partner Peter N. Kirsanow is proud to be serving as lead counsel for NAM in the litigation to overturn the notice requirement, and offered oral argument on behalf of NAM before Judge Jackson at the hearing of December 19.  Judge Jackson is expected to issue her decision shortly.

If you have any questions, please contact any member of the Benesch Labor & Employment Practice Group.

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