NLRB Postpones New Notice Posting Requirement Until January 31, 2012

 

The National Labor Relations Board (the “Board”) has postponed the effective date for the new notice posting rule to January 31, 2012. The earlier effective date for the rule was November 14, 2011. 

 

On October 5, 2011, the Board announced the new effective date, and stated the decision was made in order to conduct outreach activities and educate employers. This decision impacts only those private employers that fall under the Board’s jurisdiction. Federal contractors must continue to post “The Notice of Employee Rights” in their establishments. Posters can be downloaded here.

 

The final rule was published recently in the Federal Register. It applies to private sector employers, including labor organizations, who are subject to the provisions of the Act. The rule requires a notice of employee rights to be posted in the same location as other employee notices. If an employer customarily posts similar notices to employees on the Internet or intranet sites, the notice must be included there as well. Employers will not be required to provide the notice via email, voice mail, text messaging, or related electronic communications even if they customarily communicate with their employees in that manner.

 

The notice for private-sector employers is similar to the one required for federal contractors. It states 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 Board with questions or complaints.

 

Interestingly, for some federal contractors, posting the notice required under Executive Order 13496 will satisfy the requirements for this new requirement.

 

Berkshire Associates will continue to monitor this situation, and keep you informed of any changes. For further information, please contact 800.882.8904 or email bai@berkshireassociates.com.