Previously, we wrote about the National Labor Relations Board’s (the “Board”) new requirement that employers post a notice in their workplaces advising employees on their rights to unionize. Originally, employers had to begin posting the notice on November 14, 2011. However, the deadline was extended to January 31, 2012. The Board wanted to give employers more time to determine whether or not they fall under the Board’s jurisdiction. The Board’s jurisdiction is broad. It generally has jurisdiction over private employers who engage in interstate commerce. Therefore, almost all private employers are covered by this law and are required to post the notice. Thus, their rationale for the delay is suspect.
Beyond the Board’s delay, there are challenges pending in the courts over the legality of this rule. The U.S. Chamber of Commerce, as well as two other groups representing businesses, have filed suit claiming the Board does not have the statutory authority to impose this new rule. Among other things, the U.S. Chamber of Commerce argues the Board failed to consider the significant impact this rule will have on small businesses. These challenges seek, among other things, an injunction delaying enforcement of this rule until a final ruling issues. It is very likely that by January 31st, at least one of these challenges will have been heard. As a result, it is possible further delays will follow. We will keep you advised.
Brody and Associates regularly advises its clients on union-related matters and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.
