Dickinson, Mackaman, Tyler & Hagen, P.C.

NLRB delays employee rights notice posting rule until April

Russ Samson Iowa Employment & Labor Law Dickinson Law Firm Des Moines Iowa

Posted on 12/28/2011 at 01:09 PM by Russell Samson

The date for posting the new notice enumerating employee rights under the National Labor Relations Act has been postponed, a second time, and is now set to be effective on April 30, 2012.  According to a press release issued by the National Labor Relations Board on Friday, December 23, 2011, this postponement was made “at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule.  The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule.”    You may recall that when the notice posting was first announced, its effective date was November 14, 2011.  That date was pushed out to January 31, 2012, allegedly due to employer confusion over who was subject to the posting requirement.  This latest action pushes the posting date out even farther, to April 30, 2012. Employers who have not already determined whether they fall within the jurisdiction of the NLRB, and are thus required to post the new notice, may wish to review the jurisdictional standards of the agency.  These are summarized in the answer to the question “Does my company have to post the notice?” on the Frequently Asked Questions – Poster page of the agency’s website. Most of Iowa is covered by Region 18 of the NLRB, which has a Resident Office in Room 439 of the Federal Building at 210 Walnut Street in Des Moines.  Assuming the new effective date of the poster requirement sticks, be sure to comply with it.  That way you might avoid meeting the good folks in the NLRB’s offices to answer an unfair labor practice charge involving failure to post.

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