The National Labor Relations Board (“NLRB”) has just announced that the requirement for employers to post the NLRB’s employee rights poster has been postponed to January 31, 2012. The NLRB explained that the postponement was done “in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” As far as the NLRB has indicated, however, no other changes to the requirements, or the form or contents of the poster, have been made.
One interesting thing to note is that the the state of the Board membership of the NLRB may be in flux on January 1, 2012. Specifically, the NLRB currently has three members: Pearce, Becker and Hayes. On December 31, 2011, however, Member Hayes’ recess appointment will expire, and the Board will be left with just two members. And, as the Supreme Court ruled last year in New Process Steele v. NLRB, the NLRB cannot operate with just two members.
You can read more about the NLRB posting requirement in a previous blog post that I wrote here.