Author's note: The original date to post the notice described below was November 14, 2011. The NLRB has delayed implementation of the new posting requirements. The new date is January 31, 2012.
Effective January 31, 2012, all employers who are covered by the National Labor Relations Act ("NLRA") – whether union or non-union – will be required to comply with new National Labor Relations Board ("NLRB") notice posting requirements. Most employers will be covered by this requirement, as the NLRA applies to almost all private-sector employers engaged in interstate commerce.
Among other things, the posting contains:
- Summary information regarding employee rights, including types of violations by employers or unions;
- An affirmation that illegal conduct is not permitted;
- NLRB contact information and information about the NLRB, including how to file a complaint;
- Notice of the 6-month limitations period for filing a complaint with the NLRB; and
- Information regarding a translation of the notice for persons who do not speak or understand English well.
The required notice must be posted conspicuously where other company notices are typically posted. Employers who post personnel policies and other employee postings on an intranet or internet site have to post the required notice there as well. Also, if 20% of the workforce does not speak English, the required notice must be posted in the predominant other language (e.g., Spanish). Translations will be available from the NLRB website. The physical notice must be at least 11" x 17".
The notice poster can be downloaded from the NLRB web site now and will be available in printed form from NLRB regional offices in the future.
Some federal contractors are already subject to a similar posting requirement under the Department of Labor's regulations in connection with Executive Order 13496. Employers who have satisfied the Department of Labor’s EO 13496 posting requirements will be deemed to have satisfied the requirement if all other requirements are met for physical and electronic posting.
Failure to comply with this new notice posting requirement may subject employers to an unfair labor practice complaint, so employers should make sure that the notice is posted. If you have questions about the new policy and ensuring compliance with the posting requirement, please contact Melissa Jones.