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Washington Labor & Employment Wire » New NLRB Rule Will Require Most Private-Sector Employers to Post Notice

New NLRB Rule Will Require Most Private-Sector Employers to Post Notice


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 On August 30, 2011, the NLRB will publish a final rule in the Federal Register requiring private employers to post workplace notices of employee NLRA rights. The posting requirement, which takes effect on November 14, 2011 is intended to inform employees - both unionized and non-unionized - of their NLRA rights and is patterned after similar posting requirements under the Fair Labor Standards Act, the Family and Medical Leave Act, and a recent Department of Labor rule requiring posting of NLRA rights by federal contractors. The rule will not apply to non-NLRA employers, including employers of railroad, airline, and agricultural workers. Although already required to post the similar Department of Labor notice, covered federal contractors will also be required to post the NLRB notice.

The final rule requires employers to post an 11-by-17 inch poster in the workplace and it also requires covered employers to post the notice on an internet or intranet site, if personnel rules and policies are customarily posted there. However, employers will not be required to distribute the posting by email, Twitter or other electronic means. The poster will be provided for download on the NLRB website and available at no charge in hard copy form at NLRB regional offices.  The NLRB announced that the posters will available by November 1, 2011.

Under the rule, failure to adhere to the posting requirements may be treated as an unfair labor practice under NLRA Sec. 8(a)(1). Knowing and willful employer refusals to post notices could be considered evidence of unlawful motive in NLRB proceedings in which employer motive is at issue. The NLRB expects that most employers failing to post the notice, at least initially, will likely be unaware of the new rule. In those cases, the Board will not seek penalties against the employer as long as the employer promptly rectifies the non-compliance upon being informed of the posting requirement.

An NLRB fact sheet regarding the new posting requirements can be found here.