NLRB to Require the Posting of NLRA Rights

As of November 14, 2011, all employers covered by the National Labor Relations Act (“NLRA”) will be required to post an Employee Notice of NLRA Rights. Virtually all private employers, both union and non-union, are covered by the NLRA. The notice must be posted in the same place that other workplace notices, such as EEOC posters, are “customarily” posted. In addition, employers who post personnel rules and policies on the Internet or intranet will have to post the NLRA notice in a like manner. If more than 20 percent of the employer’s workforce is not proficient in English and speaks another language, the employer must provide the posting in the other language.

The notice must state that “employees have the right to act together to improve wages and working conditions, to form, join, and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.” It provides examples of unlawful employer and union conduct and instructs employees how to contact the National Labor Relations Board (“NLRB”) with questions or complaints.
Failure to post the notice will be treated as an unfair labor practice. In addition, the NLRB may extend the six-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer if the notice is not posted. If an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.

The NLRB received more than 7,000 public comments on the proposed rule. Board Chairman Wilma B. Liebman and Members Mark Gaston Pearce and Craig Becker approved the final rule, with Member Brian Hayes dissenting.
“As a practical matter, employers will likely see an increase in charges filed with the NLRB,” says MSEC attorney Euell Thomas. “For this reason, employers should be proactive by having qualified legal counsel review policies and by consulting counsel  when dealing with employment actions which could implicate the NLRA.”
Upon the poster’s publication, MSEC’s employment law posters service will revise the all-in-one federal poster to include the NLRA rights poster. MSEC members subscribed to the poster Update Service will automatically receive a new federal poster at participating locations in the month following the poster’s publication, which has not yet occurred. For more information about these posting requirements or MSEC’s poster update service contact Mark Flynn, Director of Specialized Services, at mflynn@msec.org or 303 223-5307.

Contact posters@msec.org to order posters and subscribe to the Update Service. Click here to access the MSEC Employment Law Posters webpage for more information and FAQs.