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Oregon Employers: Mandatory Union Notices Delayed – Again

Over the past several months, employers were facing an April 30, 2012 deadline to comply with new National Labor Relations Board (NLRB) rules that requires nearly all employers in Oregon to post a notice of an employee’s right to unionize. The posting also lists a number of unlawful employer actions as well as contact information for the NLRB. Click here to go to NLRB’s website for information about the poster rule.

The new posting requirement was to go into effect on April 30, 2012.

But no longer.

The NLRB’s rule that requires all employers covered by the National Labor Relations Act (NLRA) to post a notice informing workers of their rights under the Act will not go into effect on April 30 after all. An emergency injunction was granted by the U.S. Court of Appeals for the District of Columbia Circuit in National Association of Manufacturers (NAM) v. NLRB, last week. Click here for information from the NAM on the injunction request.

The Court also ordered expedited briefing and oral arguments for September 2012. This means that the rule will not go into operation, if at all, until the fall.

The NLRB regulation requires that all employers covered by the NLRA conspicuously post a notice informing employees of their right to organize and engage in other protected activities and provides contact information for the NLRB.

The appeal before the D.C. Circuit is from a March 2 decision of Federal Judge Amy Berman Jackson. Judge Jackson held the NLRB had the authority to promulgate the posting rule, though she found some remedial provisions exceeded the Board’s authority.

In the meantime, a second federal district court judge ruling on the NLRB posting issue overturned the posting regulation in Chamber of Commerce v. NLRB. In this ruling, issued April 13, 2012, Chief Judge David Norton found the NLRB did not have the authority to promulgate the posting rule.

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