NLRB Delays Rule Stating Businesses Must Prominently Promote Ability to Unionize

Implementation for the new notice-posting rule, put into effect by the National Labor Relations Board, has been pushed by more than two months to allow for time to educate and improve outreach to employers. The new date of implementation is January 31, 2012.

The rule requires most private sector employers to post a notice advising employees of their rights until the National Labor Relations Act. This includes a notice of employees’ rights to unionize under federal law. The notice should be posted in a conspicuous place where other such notices are posted and should appear in 11-by-17 inch size.

The extension of the implementation came after feedback and queries from businesses and trade organizations that expressed uncertainty about which businesses fall under the NLRB’s jurisdiction. The board received more than 7,000 comments following publication of the proposed rule in the Federal Register.


Many small business groups opposed the rule, as did the Assisted Living Federation of America (ALFA), which told SHN in August that it opposes the rule because it is one-sided in that it fails to address what employees should do if a union coerces them or should they want to de-certify.

The notice can be found via the NLRB’s website.

Written by Elizabeth Ecker