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NLRB postpones effective date of posting rule from Jan. 31 to April 30, 2012

At the request of the federal court in Washington, D.C., which is hearing a legal challenge on the rule, the National Labor Relations Board (NALB) has postponed the effective date for posting a notice advising employees of their rights under the National Labor Relations Act (NLRA). As a practical matter, the Board's jurisdiction is very broad and covers the great majority of non-government employers with a workplace in the United States, including non-profits, employee-owned businesses, labor organizations, non-union businesses, and businesses in states with "Right to Work" laws.

The notice will have to be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also will be asked to publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there. You can get the poster, read a FAQ and learn more by going to https://www.nlrb.gov/poster.

The notice advises employees of their rights, including the right to organize and form unions. While the requirement has been the subject of several legal challenges, employers should obtain the official notice and prepare to comply with the requirement. Supervisors should be trained so that they understand the meaning of the posting and how to respond to questions. The best defense for employers is robust personnel policies that encourage employee engagement and commitment.