NLRB Delays Notice-Posting Rule

On December 23, 2011, the National Labor Relations Board (NLRB) announced that it will postpone the effective date for its notice-posting rule, giving businesses three more months before they have to comply. The rule, which requires businesses to post notices apprising workers of their right to unionize, is scheduled to take effect April 30, 2012.

The NLRB said postponing the implementation date until the end of April would "facilitate the resolution of the legal challenges that have been filed with respect to the rule."

The National Association of Manufacturers (NAM) stated that the posting requirement amounts to compelled speech which violates the First Amendment and that the "biased nature of the notice compels employers to engage in speech they would not otherwise make."

Winston & Strawn has a highly regarded national practice representing unionized clients in arbitrations and litigation before the NLRB.