If you were rushing off to your bulletin board to make certain that you were in compliance with the NLRB posting requirement, you should put it off a little longer. The NLRB has postponed the posting requirement from November 14th and has moved it back to January 31st.
There are several theories about the delay. Here are three of my favorites:
1. Some folks think that it has to do with the lawsuits filed by the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Right to Work Foundation and the National Federation of Independent Business, all challenging the rights of the NLRB to require the posting.
2. Some think it has to do with a pro-business congress that has threatened to defund or restrict the powers of the NLRB over decisions like this and the recent Boeing case. In that instance, the NLRB is accusing Boeing of relocating a plant to South Carolina to avoid their unions in the state of Washington.
3. The most likely reason, however, was the large number of Michiganders who protested the posting over the impact that a November 14th implementation would have on the opening day of deer hunting season. With opening day being November 15th, there is no way most Michiganders could comply with the posting.
Regardless of the real reason for the delay, we’re advising our clients to hold off putting up the posting at this time. With this much drama, there may be further delays and/or changes to the posting.
We’ll continue to keep you posted on this posting.