September 8, 2011 – The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act starting on November 14, 2011. With the NLRB’s announcement, employers must add another notice to the long list of required workplace postings.
According to the Final Rule, which covers nearly all private-sector employers, including those without a unionized workforce, the notice of employee rights must be posted where other workplace notices are typically posted. Employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the notice on those sites as well. For workplaces where 20% or more of employees are not proficient in English and speak another language, the employer must post translated versions of the notice.
The required notice, which is similar to one required by the U.S. Department of Labor for federal contractors, must state that employees have the right to form, join and assist a union, to engage in collective bargaining with their employer and other concerted activities, and to refrain from any of these activities. It also provides specific examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.
The Board will provide copies of the notice to the employer on request at no cost beginning on or before November 1, 2011. A copy may be obtained by contacting a NLRB office, or it can be downloaded from the Board website and printed. Translated versions of the notice also will be available.
Failure to comply with this posting requirement may constitute an unfair labor practice under the National Labor Relations Act, and it also may extend the 6-month time limit for filing unfair labor practice charges. A willful refusal to comply with the posting requirement may be treated as evidence of unlawful motive in a case in which motive is an issue.
If you have any questions about the NLRB’s new posting requirement, or any other questions involving employer-employee relationships, please contact Lim Ruger employment law specialist Phillip Cha at [email protected]