Union Wrongly "Reminds" Employers to Post New NLRB Notice by January 31

The National Labor Relations Board (NLRB) has adopted a rule that would require employers under its jurisdiction to post notices informing employees of their rights under the National Labor Relations Act.  (We previously addressed this posting requirement here, here, and here).

SEIU Healthcare Minnesota has been sending letters to employers, stating that they are required to post the notice by January 31, 2012. (A redacted version of the SEIU’s letter is available here).

As we advised on December 23, 2011, the effective date of the posting requirement is now April 30, 2012.  Although the scheduled effective date was at one time January 31, the NLRB announced on December 23 that it has postponed the effective date to April 30. (The NLRB’s December 23 announcement of the postponed effective date is here).

Thus, contrary to SEIU’s letter, you do not have to post the new NLRB notice (in hardcopy or electronic form) by January 31.  Moreover, it should be noted that litigation over the posting requirement is pending, and we expect that at least one U.S. District Court will address the validity of the posting requirement prior to the April 30 effective date.

We will of course provide you with any important updates concerning the new posting requirement.