Due to successful court challenges of the new proposed posting requirement, and the appeals that have followed, the National Labor Relations Board (NLRB) has delayed indefinitely the implementation of its posting requirement which was to take effect on April 30, 2012.
In March, a federal court ruled that although employers had to post the notice, several of the NLRB's penalty provisions for failing to post the notice were invalid. Earlier this month, a South Carolina federal district court struck down the posting requirement in its entirety. In response to these decisions, the NLRB has agreed to suspend indefinitely the effective date of the posting requirement and wait for the resolution of the aforementioned cases in the courts.
As a result, and despite previous reports, no employer is required to post the NLRB poster at this time. If you have any questions regarding this Legal Alert of the NLRB poster requirement, including your organization’s coverage under the rule, please contact any member of the Krugliak, Wilkins, Griffiths & Dougherty Labor and Employment Section at 330.497.0700.