- The Washington Times - Friday, December 23, 2011

The National Labor Relations Board is postponing a controversial new rule that would require most private employers to post a flier that advises workers of their rights.

The rule was set to go into effect on Jan. 31, 2012, but the agency is postponing it for three months until April 30. The federal court in Washington, D.C., asked for the delay as it reviews a legal challenge to the rule by the National Association of Manufacturers.

“The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, D.C., hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.”

If the rule holds up in court, companies would be required to notify employees of their rights under the National Labor Relations Act by posting the 11-by-17-inch flier in the workplace. It is available in 26 languages. Companies can print it for free at the NLRB’s website.

“The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity,” the poster reads. “Employees covered by the NLRA are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA.”

It notifies employees of their right to organize a union, bargain collectively, discuss wags and benefits with co-workers, attempt to improve working conditions, strike and picket, and choose not to unionize.

It also states that it is illegal for employers to prevent workers from talking about forming a union or distributing union literature, as long as it is during non-work times and in non-work areas. It also is illegal for union representatives to threaten employees in order to gain support for the union.

The NLRB gives a phone number employees can call to report abuse of these rules.

The National Association of Manufacturers was not available for comment at the time of this story.

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