Private Employers Must Post Notice of Employee Rights – NLRB Final Rule

We’re seeing significant interest in the Final Rule published August 24, 2011 by the National Labor Relations Board (NLRB) that requires private employers to post notice of employee rights under the National Labor Relations Act.  From lawyers and law firms on JD Supra:

NLRB Rule Requiring Employers to Post Union Rights Released (Dinsmore & Shohl LLP):

“The National Labor Relations Board (NLRB) has finalized its administrative rule requiring all employers within its jurisdiction to post notices informing employees of their rights to join a union free of threats and intimidation by the employer. The advance notice of the finalized rule has been published on the internet and the anticipated publication date of the final rule in the Federal Register is August 30, 2011. The rule is scheduled to take effect 75 days after its publication in the Federal Register.” Read more»

NLRB Issues Final Rule Requiring Employers to Notify Employees of Their Rights Under the NLRA (Franczek Radelet P.C.):

“In the final rule, Chairman Liebman acknowledged that the purpose of the rule is to increase employee awareness of their rights, which in turn will increase union organization, by stating: ‘Informing employees of their statutory rights is central to advancing the NLRB’s promise of full freedom of association, self-organization and designation of representatives of their own choosing.’ In support of its argument that this rule is needed, the NLRB asserted that because most private employees are unorganized, they do not know their rights under the NLRA.” Read more»

National Labor Relations Board Now Requires Posting Of Employee Rights (Fisher & Phillips LLP):

“In addition to physical posting at ‘conspicuous places…readily seen by employees, including all places where notices to employees are customarily posted,’ any employer that ‘customarily communicates’ via intranet or internet with its employees as to ‘personnel rules or policies’ must display an exact copy of the Notice on such site(s), or a link to the NLRB’s web site which reads, ‘Employee Rights under the National Labor Relations Act.’” Read more»

National Labor Relations Board Issues Final Rule Requiring Employers to Post Notices About Employees’ Rights under the National Labor Relations Act (Foley Hoag LLP):

“The rule also applies to federal contractors, which can comply with the rule by posting the notice of employee rights that is already required by the Department of Labor. The required notice states that employers cannot prohibit employees from soliciting co-workers to join a union and cannot take any adverse action against an employee for engaging in union activities or other protected, concerted activity. The notice also includes information regarding how an employee can report unlawful conduct.” Read more»

New NLRB Rule Mandates Posting of NLRA Rights by ALL Covered Employers (Miller & Martin PLLC):

“This is yet another example of the NLRB enacting labor law reform that Congress has not legislated. Federal contractors already are required to post such notices. We expect this “universal rule” to be challenged through litigation as being beyond the scope of an administrative agency such as the NLRB’s lawful authority.” Read more»

Another Tree Dies a Useless Death (or more useless government paper on your walls) (Warner Norcross & Judd):

“Never mind that it is not necessary for employers to tell employees their rights under this particular statute, there are unions to do that. Never mind that unions spend millions of dollars every year on political candidates instead of spending that money educating employees. Never mind even that the NLRA does not even have a posting requirement and that it is likely that a rule requiring a posting goes way beyond the rule making authority of the Board. Finally, never mind that at least one Board member felt like the rule was arbitrary and capricious and it was not based on ‘substantial evidence’ or a ‘reasoned analysis.’” Read more»

NLRB Mandates Posting Notice of Employee Rights (Thompson Coburn LLP):

“The notice will need to be at least 11”x17” and in a font size and style prepared by the NLRB. The notice must be posted in ‘conspicuous places where they are readily seen by employees, including all places where notices to employees concerning personnel rules or policies are customarily posted.’” Read more»

Final Rule on Notice of Employee Rights Covers Many Non-Unionized Employers (Venable LLP):

“The Board accepted comments on its proposed rule until March 2011. Although the Board received approximately 7,000 comments, most of which opposed its proposed rule, the Board has now issued a Final Rule with few changes.” Read more»

NLRB Issues Final Rule on Employee Rights Notice Posting (Jackson Walker):

“Very little of the notice is dedicated to informing employees of their rights to refrain from or not participate in the union-related activities described in the poster, so the burden falls on union-free employers to inform employees of their right to say “no” to unions or unionization and to explain the advantages of remaining union-free.” Read more»

NLRB Enacts Rule Requiring All Employers To Post Right-To Unionize Notice (Wilson Sonsini Goodrich & Rosati):

“Exercising a virtually unprecedented expansion of its rule-making authority, a divided National Labor Relations Board (NLRB) has adopted a regulation requiring all covered employers—unionized and non-unionized alike—to post notices to employees reminding them of their rights to organize, join unions, and bargain collectively with their employer for improved wages and working conditions.” Read more»

NLRB issues final rule requiring employers to post notice of employees’ rights (International Lawyers Network):

“The Board will treat a failure to post as an unfair labor practice charge under the Act. In most cases where an employer fails to post, the Board will inform the employer of the need to post the notice and the employer will comply, ending the unfair labor practice case.” Read more»

11 Employer FAQs (No. 6): We don’t have a union. Do I still have to display that new NLRB poster? (Constangy, Brooks & Smith, LLP):

“If you are covered under the National Labor Relations Act, then you have to display the new poster, which explains employees’ right to join a union and engage in other activity protected by the NLRA. Unless you are a federal contractor, in which case, you don’t.” Read more»

New NLRB Poster Requirement (International Lawyers Network):

“In addition to physically posting the Notice, the new rule also requires every covered employer to post the Notice on an internet or intranet site, to the extent that personnel policies are customarily posted electronically at a particular company.” Read more»

NLRB To Require Workplace Postings on Employees’ Rights to Organize (Ropes & Gray LLP):

“When at least twenty percent (20%) of an employer’s workers are not proficient in English and speak a different language, the employer will be required to post the notice in other languages. The Board will make translated versions of the notice available. … An employer will not be held responsible for failing to post the notice in a language other than English if a translation in such language has not yet been made available by the Board.” Read more»

The NLRA Poster and the First Amendment (John Sarno):

“The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.” Read more»

New NLRB Poster Mandated for U.S. Private-Sector Employers Even If They Have No Union-Represented Employees (International Lawyers Network):

“The official approved notice is biased in favor of unions and may mislead employees. Under the NLRA, both employers and unions are required to comply with the law; failure to do so by either is an ‘unfair labor practice.’ The new poster lists 14 examples of employer unfair labor practices, but only five of union unfair labor practices.” Read more»

U.S. Employers Ordered To Post Notice of Employee Rights to Join Unions (John Raudabaugh):

“In the meantime, anticipate a range of employee reactions to the Notice and prepare your supervisors and managers on an appropriate and lawful response. In workplaces where unionization has never occurred or been discussed, do not ignore the possibility that employees may have questions and that external developments in the community and social media may arise as a result of the attention to the new requirement which may in turn create issues at your worksite. Supervisory and managerial updated training is strongly recommended.” Read more»

NLRB mandates posting notice of employee rights (Schottenstein Zox & Dunn Co., LPA):

“Employers who fail to post the notice will be subject to an unfair labor practice charge through the administrative processes of the NLRB. … In addition, failure to post the notice could result in tolling of limitations periods for unfair labor practices, meaning that employees would have longer than six months to file a charge, and the failure could be used as evidence of unlawful motive (such as hostility against unions) in other NLRB cases where motive is relevant.” Read more»

NLRB Final Rule On Employee Rights Notice Posting (Bryan Cave):

“In light of the absence of express statutory authority for the rule, legal challenges to its enforceability are expected. Indeed, in a blistering dissent, Board Member Brian Hayes predicted that a reviewing court would soon ‘save the Board from itself’ and charged that the Board had acted in excess of its authority and in a manner that is clearly designed to ‘reverse the steady downward trend in union density among private sector employees.’” Read more»

Employment Law Update – September 2011 – NLRB Requires Employers To Post Pro-Union Notice (Nexsen Pruet, PLLC): 

“The text of the poster is essentially the same as that recently imposed upon federal contractors through Executive Order 13496. The text does not expressly quote employees’ four statutory rights under NLRA Section 7. Rather, the poster paraphrases and amplifies all but one of those rights. Most of the poster emphasizes unionization rights. Only a couple of lines, however, reference an employee’s right to ‘refrain’ from – to say ‘no’ or to not participate in – the other three Section 7 rights.” Read more»

All Employers Must Post Notice of Employee NLRA Rights by November 14, 2011 (Davis Wright Tremaine LLP):

“The new required notice will have both a summary of employees’ rights under the Act and examples of how employers and unions could violate those rights. It also will describe the obligation to bargain in good faith when a union has been selected by employees and assures employees that illegal conduct by employers will not be permitted.” Read more»

Legal Alert: NLRB to Require Posting of Notice of Employee Rights (Ford & Harrison LLP):

“In December 2010, the Board issued a Notice of Proposed Rulemaking (NPRM) stating that it believes most employees are not aware of their rights under the NLRA and proposing a rule that would require employers to post a notice in the workplace that explains these rights. The notice included in the proposed rule was identical to the notice that non-exempt federal contractors and subcontractors are required to post. Rather than tracking the language of the NLRA, the proposed notice contained examples of employer and union practices that would violate the Act.” Read more»

National Labor Relations Board Issues Final “Poster” Rule (Warner Norcross & Judd):

“The NLRA covers private employers that have an impact on interstate commerce including manufacturing plants, retail centers, private universities and health care facilities. Public employers, railway and airline employers, and people employed as agricultural laborers are specifically excluded from coverage. … What does this mean for you? It means, you have to put up another poster.” Read more»

Union Rights Posters: A Union’s Newest Tool to Organize (Alan Bush):

“Union avoidance measures now take on a higher priority. Expect unions to leverage greater employee awareness into pro-union agitating and organizing drives. After all, the NLRB is also considering a proposed rule to shorten union election timelines—giving unions a greater element of surprise.” Read more»

New Rule Requires Employers to Post Notice of Employees’ Rights to Unionize (BrownWinick Law Firm):

“The notice is meant to inform employees that they have the right to organize and join unions, bargain collectively, assist a union and to engage in other protected activity or refrain from participating in such activity. In addition, the notice provides contact information for the NLRB and lists a litany of unlawful employer conduct.” Read more»

NLRB Issues Controversial Employee Notification Rule (McNees Wallace & Nurick LLC)

“The Final Rule (PDF) applies to any employer that is covered by the NLRA. This includes most employers in the private sector; however, certain employers with an annual business volume of less than $500,000 may be excluded. Small businesses should consult with counsel to determine whether they fall under the NLRB’s jurisdiction. Federal contractors who already post a similar notice under Executive Order 13496 are deemed to comply with the Final Rule if they comply with notice posting regulations under the Executive Order.” Read more»

New NLRB Rule Targets Private Sector Employers (Siegel, O’Connor, O’Donnell & Beck, P.C.):

“… This new mandate is yet another example of the Obama Board’s unabashed campaign to boost private sector union membership—regardless of the burden such regulations place on small businesses.” Read more»

Private Non-Unionized Employers Now Required To Post NLRB Notice Of Union Organizing Rights (Loeb & Loeb LLP):

“On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires a majority of non-unionized private employers conducting business in the U.S. to post a “Notice of Employee Rights” apprising employees of their rights under the National Labor Relations Act, including the right to organize and strike.” Read more»

NLRB Issues Final Rule Requiring All Employers Subject to National Labor Relations Act to Post Notice of Employee Rights to Engage in Union Activity (Duane Morris LLP):

“With few changes, the NLRB has adopted the poster ordered by President Obama to be posted by all federal contractors (Executive Order 13496). Employers who are subject to the jurisdiction of the NLRB and a federal contractor will not be sanctioned by the NLRB if they continue to use the poster required by the Executive Order and will not be required to post a second poster.” Read more»

Just post it: NLRB requiring that employers provide notice of employee rights (International Lawyers Network):

“As if there weren’t already enough postings required for workplaces, the NLRB has now joined the party. On August 25, 2011, the NLRB issued a final rule that requires employers to inform employees of their rights under the National Labor Relations Act. Employers have until November 14, 2011 to post the required notice.” Read more»

NLRB Says Private Sector Employees Must Be Notified of Rights Under National Labor Relations Act Sector Employ (Fox Rothschild):

“Specifically, the notice informs employees they have the right to act together to improve wages and working conditions; to form, join and assist a union; to bargain collectively with their employer; and to refrain from any of these activities. It also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.” Read more»

One More Federal Notice to be Posted on Your Employee Bulletin Board – NLRB’s New Requirement (Davis Wright Tremaine LLP):

“Broadcasters, along with virtually every other business, are supposed to have a bulletin board someplace in their place of business, accessible to employees, where all sorts of notices, many required by Federal law, are posted. Sometimes the posting requirement has been expanded to include posting on a company intranet, if that is a common way of communicating with employees….” Read more»

Businesses Required to Notify Employees of Right to Organize, Join a Union (Bracewell & Giuliani LLP):

“The posting requirement applies to all employers that are subject to the NLRA, which excludes agricultural, railroad, airline and federal, state and local government employers, as well certain other employers, such as those over which the NLRB has not asserted jurisdiction or which are considered by the NLRB to be too small to impact interstate commerce under NLRB standards.” Read more»

The NLRB Announces A New Posting Requirement Under The NLRA (Hopkins & Carley):

“Employers are subject to a broad range of posting requirements under a variety of federal and state laws. Required notices cover a broad range of topics such as workplace safety, equal employment opportunity, nondiscrimination and minimum wage requirements, to name a few. The National Labor Relations Board (“NLRB”) has added one more employer notice requirement to the mix.” Read more»

A Parting Gift From The Liebman Board: Employers Must Post Notice of Organizing Rights Starting November 14 (Constangy, Brooks & Smith, LLP):

“As a parting “gift” for employers during Wilma Liebman’s last days as Chair, the National Labor Relations Board announced its final rule on Notification of Employee Rights under the National Labor Relations Act. The rule passed the Board by a 3-1 vote, with Member Brian Hayes dissenting.” Read more»


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