Attention, All Employers

Get Ready and Set To Post a New Required Notice for Your Employees. It’s official – the National Labor Relations Board (NLRB) has issued a mandate that all covered employers must post a new Notice of Employee Rights for their employees, no later than January 31, 2012, notifying them of their rights to unionize.

EXTRA! EXTRA!  Due to a National Manufacturers’ Association lawsuit, the deadline for implementation is now April 30, 2012.

The Notice informs employees that they have the right to form or join a union and bargain collectively with their employer for better wages and working conditions. It also lists employer conduct that is prohibited by the NLRB, as well as contact information for the National Labor Relations Board.

Getting the Notice and Posting It

First, download the Notice from the NLRB website (link at end of this blog). Copies are free and translations are available on request. Make sure the Notice fits a single 11” x 17” sheet of paper or poster board. (Two pieces of 8.5” x 11” paper taped together are an option). Then, post it in a conspicuous place where your other employment law notices are posted.

If you customarily place personnel rules and policies on your company’s Internet/Intranet site, the NLRB notice must go there as well. All postings must be in English and in any other language if at least 20% of your staff speaks that language and these employees are not English proficient.

Failure to Post

The National Labor Relations Board does not have the power to directly fine or penalize an employer, nor does it audit workplaces or initiate enforcement when the Notice poster is not displayed. However, if an employee should report you, your failure to display it constitutes an unfair labor practice in the view of the NLRB. The Board then has the legal right to extend the six month statute of limitations on any other action against you that is presented to them. Additionally, not posting the Notice is considered evidence of your willful, unlawful nature as an employer.

FYI, a number of business organizations are suing to protest the implementation of this employee rights ruling, but legal actions have not yet been resolved. So unless a national court decree is issued saying otherwise, the NLRB ruling stands. Only the railroad, airlines, agriculture, the U.S. Post Office and some small businesses are exempt from posting. (See the website.)

The best thing you can do now is post the Notice and get into compliance! Don’t procrastinate! January 31 will be here before you know it.



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