NLRB postponed to April

Date Posted
Mike Rich

To facilitate the resolution of legal challenges filled against its new posting requirement, the National Labor Relations Board is postponing the effective date until April, 30 2012.

The delay is the second in the past three months to a posting approved in Sept. 2011 that would require more than six million private-sector employers by the National Labor Relations Act (“Act” or “NLRA”) to display employees’ rights under the National Labor Relations Act.

At the heart of the delays are three federal lawsuits filed against the National Labor Relations Board, saying the group overstepped its bounds when it set new regulations requiring employers to hang the poster.

“When everyone is worried about jobs, when everyone is worried about their economic future, why do we want to pick a fight with employers,” Kevin Shivers, president of the Pennsylvania chapter of the National Federation of Independent Business, one of the three groups that have filed separate suits, told the Philadelphia Inquirer.

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in 1935 to encourage the practice of collective bargaining by employees through a representative to negotiate the terms and conditions of employment.

In specific the new notice contains:

1. A summary of employee rights under the NLRA, including: the rights to organize, form or join a union; the right to discuss wages and working conditions with co-workers; the right to take collective action to improve working conditions; and the right to engage in other protected activities.

2. Examples of employer or union illegal conduct under the NLRA;

3. A statement about the employer’s obligation to bargain in good faith if a union has been selected by employees;

4. Information concerning basic enforcement procedures; and

5. NLRB contact information.

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