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National Restaurant Association - NLRB delays poster requirement until Jan. 31, 2012

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NLRB delays poster requirement until Jan. 31, 2012

The National Labor Relations Board today announced it is pushing back the date by which employers are required to post a new workplace notice of employees' right to organize into unions.

The NLRB says its notice-posting rule will take effect Jan. 31, 2012, rather than the original deadline of Nov. 14, 2011. In a press release issued today the NLRB said it postponed the mandate's effective date to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses."

The NLRB finalized the poster rule in late August, ignoring comments from the National Restaurant Association and thousands of other employers and employer groups protesting the regulation.

The new regulation for the first time will require all employers subject to the National Labor Relations Act to post a conspicuous 11" x 17" poster outlining employees' rights to organize and bargain collectively.

The NRA and many other business groups have from the beginning questioned the NLRB's authority to impose such a mandate. The NRA and 31 state restaurant associations filed comments last February asking the NLRB to withdraw the proposal, first issued in December. We said the proposal "would mandate the posting of both misleading information to employees and lead to miscommunication between workers and managers."

More recently, as a leading member of the Coalition for a Democratic Workplace, the NRA Sept. 23 joined in a National Association of Manufacturers' lawsuit against the NLRB to block the notice-posting requirement. That and other lawsuits continue to move forward despite the NLRB's decision to postpone the requirement's effective date.

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