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NLRB Posting Deadline Extended to April 30, 2012 [Ober|Kaler]

The National Labor Relations Board (NLRB) has again postponed the deadline by which employers, both unionized and non-union, must post a notice advising employees of their rights under the National Labor Relations Act (NLRA).

The posting deadline is now April 30, 2012, extended from January 31, 2012. This postponement is due to the ongoing court case challenging the NLRB’s authority to require employers to post this NLRA notice.

As discussed in our previous December 8, 2011 client alert, the 11 x 17 inch poster is directed to employees and lists specific employee rights and prohibited employer actions under the NLRA. Importantly, employers are permitted to draft their own counter-poster informing employees of facts about unions not included on the NLRB poster. For example, that if a union is voted in, the NLRA does not require that a union and the employer reach an agreement regarding wages.

Employers should take advantage of this postponement and use the three additional months to continue preparing its workforce for posting. For example, on December 8, 2011, we advised that preparations should not only include drafting a counter poster, but also training managers in NLRA compliance and reviewing current policies for NLRA compliance.

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