National Labor Relations Board—Posting Notice for Private Employers

The National Labor Relations Board (the “Board”), acting on the belief that employees are unaware of their rights under the National Labor Relations Act, has issued its final rule requiring almost all private-sector employers to post a notice of those rights. The Act provides the rules for collective bargaining in the United States, outlaws unfair labor practice by employers, and provides framework for union elections.

 

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 by November 14, 2011. 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 NLRB 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.

 

Copies of the notice will be available from the Board at no cost by November 1, 2011. Copies of the poster are now available. Employers may download a copy of the 11x17 notice here.The notice must also be posted in another language if more than 20 percent of the location’s workforce is not proficient in English and speaks another language. Translated notices will also be available from the Board. Employers who fail to post the notice could be charged with an unfair labor practice; however, the Board does not have the authority to levy fines.

 

For more information about this notice a Fact Sheet is available from the Board. You may also contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.