Since it took office, the Obama administration has launched
union and employee-friendly initiatives, including several failed
attempts to pass the Employee Free Choice Act, which strongly
favors unions. Consistent with these efforts, the National Labor
Relations Board (NLRB) has promulgated a new rule that requires
private employers to inform employees of their right to form and
support a union.
The highly controversial new rule was scheduled to go into
effect Nov. 14, 2011. However, on Oct. 5, 2011, the NLRB postponed
the rule's effective date in response to confusion about which
businesses fall under the NLRB's jurisdiction and to allow for
enhanced education and outreach to employers, particularly those
who operate small and medium-sized businesses. On Dec. 23, 2011,
NLRB once again postponed the effective date of the notice posting
rule, this time until April 30, pending resolution of legal
challenges that have been filed.
Failure to post the required notice constitutes an unfair labor
practice and can hinder your ability to defend against other unfair
labor practice charges. As a result, act now to ensure timely
compliance with the new posting rule.
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