NLRB Posting Requirement Delayed

October 13, 2011

On Oct. 5, 2011, the National Labor Relations Board (NLRB) announced a delay to the implementation deadline for their new rule requiring employers to hang posters notifying employees of their right to unionize. The rule was set to take effect Nov. 14, but has been pushed back to Jan. 31, 2012.

The new rule requires employees be notified only of their right to unionize via an 11 by 17-inch poster posted in the workplace. Any company that falls under the National Labor Relations Act (NLRA), which is nearly every private company in the U.S. will be subject to this new requirement. Although some very small businesses will be exempt, the calculation to determine volume of interstate commerce of a particular company—which is what determines whether or not a business is subject to the NLRA—is so complex that many experts are recommending all small businesses post the notice regardless of size.

The NLRB cites as reason for the delay added time for “enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”

The NLRB wento on to state that, “The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.”

According to NSBA’s Mid-Year Economic Report, regulatory burdens represent the fourth largest challenge to the future growth and survival of small firms—even before federal taxes and the national deficit—and it is growing. The number of small-business owners who picked regulatory burdens as a key challenge to the future growth and success of their business increased from 30 percent to 31 percent in the last six months.

Please click here for more on NSBA’s position on fair labor practices in the workplace.