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Mandatory pro-union poster requirement delayed

McAfee & Taft EmployerLINC Employment Law Update - October 17, 2011

The National Labor Relations Board's (NLRB) recent rule requiring employers to display a pro-union poster has been challenged by Congress, as well as by lawsuits filed around the country by employer groups. The poster, which was to be displayed in every workplace no later than November 14, among other subjects describes how employees can unionize and pursue charges against employers. Opponents to the mandatory posting rule complain the NLRB has exceeded its authority and is acting in a decidedly pro-union fashion, rather than as an impartial regulatory agency. Perhaps as a result of opposition, the NLRB has announced it will delay the workplace poster requirement from November 14, 2011, until January 31, 2012.

In light of the ongoing opposition in Congress and the courts to the poster, it remains to be seen whether employers will be required to display these pro-union posters after the first of the year. We will continue to watch developments and keep you advised.