June 2, 2022

In a decision issued today in Paragon Systems, Inc., the National Labor Relations Board (NLRB) modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or where a substantial complement of employees has not yet returned to work on site, and the employer is communicating with employees by electronic means.

Under prior law, both physical and any electronic notice posting were deferred in either circumstance to within 14 days of the facility’s reopening and staffing by a substantial complement of employees, as prescribed in Danbury Ambulance Service. In today’s decision, a majority of the NLRB—Chairman Lauren McFerran and Members Gwynne Wilcox and David Prouty—held that any required electronic notice posting must occur within 14 days after service by an NLRB Regional Office, while retaining the Danbury schedule as to physical posting of the notice.

The majority found that advancing the timing of the electronic notice posting to more promptly notify employees of unfair labor practices committed against them, and the steps that would be taken to remedy those violations, would better effectuate the purposes of the Act. Dissenting on this issue, Members Marvin Kaplan and John Ring would have adhered to Danbury in its entirety.

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