The National Labor Relations Board (“NLRB”) has been busy before the end of this year. Besides the new election rules, they have postponed, yet again, the posting requirement for its published rule requiring private sector employers subject to the National Labor Relations Act (“NLRA”) to post an official notice informing employees of their rights under the NLRA, and penalizing employers for non-compliance.

The NLRB decided to postpone implementation as a result of a request made by Judge Amy Berman Jackson of the U.S. District Court in connection with a consolidated lawsuit brought by the National Association of Manufacturers and the National Right to Work Legal Defense and Education Fund Inc. which alleges that the NLRB does not have statutory authority to implement such a rule. The NLRB had already postponed implementation from November 14, 2011 until January 31, 2012 because of the litigation.