By: James B. Sherman, Esq. 

Under a rule adopted by the National Labor Relations Board (NLRB), private employers had until November 14, 2011, to post an NLRB approved notice in their workplaces advising employees of, among other things, their right to join a union! The rule has been controversial from the start since pro-union legislation, such as the Employee Free Choice Act (EFCA), has lacked sufficient support in Congress. Facing lawsuits from several business groups asking the courts to enjoin implementation of its new notice posting rule, the NLRB determined on October 5 to extend the deadline for employers to post its mandatory notice until January 31, 2012.

The NLRB has stated that the purpose for extending the deadline is to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." However, it is just as likely the move is in reaction to lawsuits brought by the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM), the National Federation of Independent Business (NFIB) and other business groups. At this time, no other changes have been made to the rule; however, there are groups that remain active in opposing the rule such as the Coalition for a Democratic Workplace, National Tooling & Machining Association (NTMA)/ Precision Manufacturing Association (PMA) members and others.

The extension only delays what business owners and professionals across the country see as the federal government pandering to labor unions, whose numbers continue to decrease in the private sector. Still, the delay may allow for one of the pending lawsuits against the NLRB to succeed and stop this rule from ever being implemented.

To obtain a copy of the notice to be posted under the rule, visit http://www.nlrb.gov/poster.

To see the NLRB's notice to postpone, visit http://www.nlrb.gov/news/posting-employee-rights-notice-now-required-jan-31-board-postpones-deadline-allow-further-educa.