The National Labor Relations Board (NLRB) has announced that it will delay the implementation of its posting requirement rule until January 31, 2012. The NLRB came under significant political and legal pressure after announcing the new posting requirement, which was originally set to go into effect on November 14, 2011. The new rule required all employers, regardless of size, to post notices advising employees of their right to unionize or otherwise demonstrate against their employer.
While the NLRB claimed the reason for the postponement is “to allow for enhanced education and outreach,” many believe that the decision was based on mounting challenges to the rule. The National Association of Manufacturers has filed a suit in the District Court for the District of Columbia against the NLRB, arguing that the new rule is outside of the Board’s authority. Additionally, recently the House Appropriations Committee proposed a rider to the NLRB’s 2012 budget which, if passed, would prohibit it from allocating any portion of its budget toward enforcing the rule.