New NLRB Posting Requirement (Effective November 14, 2011)

The National Labor Relations Board issued a Final Rule requiring employers to notify employees of their rights to organize unions and engage in other concerted activities. Effective November 14, 2011, employers with a gross annual volume of business of more than $500,000 are required to publish a new poster. The poster, 11-by-17 inches in size, is similar to the notice of NLRA rights that must be posted by federal contractors as required by the Department of Labor.

 

The NLRB will provide copies of the notice on request at no cost to the employer on or before November 1, 2011. Employers may obtain the poster through the regional, sub-regional, or resident offices of the NLRB. The poster may also be downloaded through the NLRB’s website. Employers may also comply with this posting requirement by purchasing a set of workplace posters including the NLRB poster from a commercial supplier.

 

Employers must also post this notice on an intranet or internet site if they customarily post personnel rules and policies in such a manner. Employers must post translated versions of this poster if at least 20% of its workforce is not proficient in English.

 

An employer’s failure to post this notice will be treated as an “unfair labor practice” under the NLRA. The Final Rule was published on August 30, 2011.