May 24, 2012

The NLRB's Notice Posting Requirement -- Not so fast?

Greenberg Traurig
Daniel B. Pasternak
Greenberg Traurig, LLP
Tuesday, September 13, 2011
Administrative & Regulatory / Labor & Employment
All Federal
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On August 25, we let you know about the National Labor Relations Board's implementation of a final rule that will require almost all employers to post a notice in the workplace by mid-November 2011 advising employees of their rights under the National Labor Relations Act (which includes, among other things, the right to form, join, or assist a union, and to engage in concerted activities for mutual aid and protection).  But a complaint filed late last week in federal court by the National Association of Manufacturers alleges that, in issuing the notice posting rule, the Board exceeded its statutory authority, including by, among other things, making the failure to post the notice a new unfair labor practice.  A copy of the complaint ishere.  Stay tuned—we are monitoring this case and will let you know if it delays the effective date of the posting requirement or otherwise affects employer obligations going forward.

©2012 Greenberg Traurig, LLP. All rights reserved.

About the Author

Daniel B. Pasternak
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Dan Pasternak's practice focuses on litigating labor and employment claims, as well as working with management to develop effective employment and labor relations policies, practices, and procedures.  Dan's diverse employment litigation experience includes representing employers before the federal and state courts, administrative agencies, and in arbitration and mediation proceedings in discrimination, harassment, and retaliation cases, as well as representing parties in other employment-related matters, such as wage and hour, non-compete and non-solicitation, breach of...

pasternakd@gtlaw.com
602-445-8510
www.gtlaw.com

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