On October 5, 2011 the National Labor Relations Board (the "Board") postponed implementation of its notice-posting rule, which had been scheduled to take effect on November 14, 2011. The Board states that the rule will now not take effect until January 31, 2012.
The Board's notice-posting rule, discussed in detail here, requires employers covered by the National Labor Relations Act ("NLRA") to post notices informing employees of their rights under the NLRA, including their right to unionize.
The Board stated that its reason for postponing implementation of the notice-posting rule was "to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses."
The Board states that the postponement is unrelated to lawsuits that have been filed challenging the Board's authority to issue and enforce the rule. However, the announcement of the postponement comes on the heels of a request by a federal court in Washington D.C. for more time to consider a preliminary injunction sought by several business groups. The Board's postponement will likely make it unnecessary for the court to rule on a preliminary injunction before reaching the merits.The U.S. Chamber of Commerce has filed a similar challenge to the notice-posting rule in South Carolina.