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New Posting Requirement by NLRB

On Aug. 30 the National Labor Relations Board (NLRB) voted to require most private sector employers to post notification to its employees of their right to unionize.

Here is a link to the NLRB announcement and here is a fact sheet on what the rule entails.

The rule which goes into effect on Nov. 14 specifically requires employers to post an 11 x 17 notice in a conspicuous location. Also employers that routinely post notices regarding personnel rules or policies on an Internet or intra-net site will be required to post the new NLRB notice on those sites. However employers are not required to distribute the notice to employees by email or other technological means. It also requires employers whose work force is more than 20 percent non-English speaking to post the notice in the language spoken by the employees.

Although there is no penalty for failure to post the NLRB has determined that such failure will constitute an unfair labor practice which can result in charges being brought against an employer.

The NLRB promises that by Nov. 1 the posting will be available for downloading from the NLRB web site and that hard copies will be available from NLRB Regional Offices. The NLRB has indicated they will make copies available in various languages.

Those employers who are excluded from coverage are government airlines agriculture and railroads.

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