On August 30, the National Labor Relations Board ("NLRB") published new rules that require virtually all private sector employers to post notices informing employees of their rights under the National Labor Relations Act—the federal law that protects employees who engage in union and other concerted activities. The labor law posters are required even in workplaces where there are currently no unions. Because the new posters inform employees about their right to engage in union activities, employers should consider taking steps to make sure that they are positioned to respond to any union activity that might occur. Employers can take a number of steps to remain union free or minimize the chance that existing unions will expand to currently unrepresented employees, but many of them must be taken before any union organizing actually begins. A strong preventive program is vital.
The new NLRB notice must be posted, starting November 14, 2011, wherever notices to employees are typically posted, and it must also be published on the employer's intranet or Internet site if the employer customarily uses such media to communicate with employees about rules and policies. The posting requirement applies to all employers subject to the jurisdiction of the NLRB—thus, virtually all private sector employers except for agricultural employers, airlines and railroads.
If 20% or more of the employer's workforce is not proficient in English and speaks another language, the employer must post the notice in the language those employees speak. If the employer has two or more groups that speak different languages, the employer must either post the notices in each of those languages or, at the very least, post the notice in the language spoken by the largest number of employees and give each other employees a copy of the notice in a language in which the employees are proficient.
The required notice, including those translated into other languages, will be available at no cost from the NLRB's regional offices by November 1st. The notices will also be available for downloading directly from the NLRB's website, www.nlrb.gov. Employers may reproduce the official poster as long as they do not change the size, content, format, font or font size. The notice must be at least 11 x 17 inches in size.
As an alternative to posting an exact copy of the poster on its intranet or Internet site, an employer may instead post a link to the poster on the NLRB's website. The link must read "Employee Rights Under the National Labor Relations Act."
Federal contractors, who are already required by the Department of Labor to post a similar notice concerning employee rights, need not post the new NLRB notice so long as they post the Department of Labor's notice.
Failure to comply with the new posting requirements will be considered an unfair labor practice and may also allow employees to file unfair labor practice charges after the normal six-month time limit has expired. Either result could be very disadvantageous to employers.
This new rule is symptomatic of a newly active NLRB. Employers who have not recently (or ever) consulted with legal counsel experienced in labor law should consider doing so now.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
