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NLRB Delays Posting Rule

In response to various concerns raised by business and industry leaders, and perhaps to lawsuits filed by the U.S. Chamber of Commerce and others, the NLRB has announced that the date by which covered employers must post the Board's controversial new notice informing employees of their right to engage in union activity and of other rights and provisions of the NLRA has been postponed to January 31, 2012. The Board gave as its reason a desire to engage in education and outreach to employers so as to encourage voluntary compliance. It is possible that by this new date there will be some guidance from the courts regarding the Board's ability to impose this new requirement on employers, or some shift in the NLRB's position. If either occurs, we will of course let you know. In the meantime, employers do not have to post the notice in November, as previously announced.


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