The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.
On the new implementation date of April 30, 2012, most private sector employers will be required to post a notice (“Notice”) to advise employees of their rights pursuant to the National Labor Relations Act (“NLRA”). Employers must post the Notice in a conspicuous place where they post other notifications of workplace rights and employer rules and policies. The National Labor Relations Board (“NLRB”) advises that an employer should publish a link to the Notice on its website if other workplace notice or personnel policies are also posted on the employer’s website.
The required Notice informs employees that the NLRA guarantees their right to organize and bargain collectively with their employer. The Notice outlines not only the employees’ rights but the obligations of employers and unions pursuant to the Act. The Notice lists examples of activities that are illegal for employers and unions and advises employees to contact the NLRB if they believe their rights have been violated.
You can download and print the Notice poster at https://www.nlrb.gov/poster. The Notice has been translated into many different languages and the translated posters are also available for download on the webpage listed above. The poster must be 11 x 17 and can be printed in either color or black and white. Employers also have the option of printing two 8.5 x 11 pages and taping them together. Printed copies are available free of charge by filling out the form provided by the NLRB on the webpage.
The NLRB has provided information about which employers must post the Notice and answers to other frequently asked questions on the website at https://www.nlrb.gov/faq/poster. Included within the employers that must post the Notice are retailers, Indian tribes, trucking and shipping companies, bus companies, health care and child care facilities, law firms and legal service organizations, and cultural and educational centers such as private and non-profit colleges and universities and art museums.
If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.