The NLRB’s rule that private sector employers post in conspicuous place the Notification of Employee Rights Under the National Labor Relations Act is set to go into effect on January 31, 2012. Employers who do not comply will be penalized in two ways. First, the NLRB will extend the six month statute of limitations for employees who file unfair labor charges. Second, the failure to post can be considered evidence of “anti-union animus” by the Board when considering charges. The rule applies to employers regardless of whether they have unions or are federal contractors.
At a hearing earlier this week, a D.C. district court judge urged the Board to postpone the implementation of the rule, given the legal battles surrounding the legality of the Board’s promulgation of the rule in the first instance. Will Board lawyers take heed of this judicial advice? Stay tuned. But in the meantime, be prepared to post on January 31, 2012. Happy New Year, NLRB-style.