We reported last week that the NLRB’s new “ambush election rule,” as it is called by some critics, is facing a federal court challenge from a coalition of business groups led by the U.S. Chamber of Commerce. The filing of that litigation has interfered with the Board’s plans to implement its employer notice posting rule, issued earlier this year. That rule — which requires private-sector employers covered by the NLRA to post a notice that tells employees about their right to unionize, gives examples of unlawful employer and union conduct and tells employees how to contact the NLRB with questions and complaints — has also been challenged in the Chamber’s lawsuit. The NLRB earlier had postponed implementation of the rule until January 31, 2012. The judge, however, recently told the parties to the suit that she did not think the Board’s January deadline would allow them sufficient time to argue the merits of the rule.
In the wake of the judge’s comments, the Board announced that it has agreed to delay implementation of the rule until April 30, 2012 in order to “facilitate the resolution of the legal challenges that have been filed with respect to the rule.” Obviously, whether this new implementation date holds will depend in part on developments in the litigation. We will keep you informed as the situation unfolds.