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National Labor Relations Board’s Mandatory Posting Requirements Take Effect April 30, 2012

Labor and Employment Alert | April 17, 2012
By: John Baker and George Morrison

Background

Following the lead of President Obama’s 2009 Executive Order mandating a similar notice in all federal contracts, in 2011 the National Labor Relations Board (NLRB) determined that “many employees protected by the National Labor Relations Act (the NLRA) are unaware of their rights under the statute.” According to the NLRB, “it is fundamental to the employees' exercise of their rights that the employees know both their basic rights and where they can go to seek help in understanding those rights. Notice of the right of self-organization, to form, join, or assist labor organizations, to bargain collectively, to engage in other concerted activities, and to refrain from such activities, and of the Board's role in protecting those statutory rights is necessary to effectuate the provisions of the NLRA.”

New Notice and Posting Requirements

Effective April 30, 2012, all employers subject to the NLRA will be required to post an official notice advising employees of their rights under the NLRA and providing information pertaining to the enforcement of those rights. Generally, all private sector employers, whether or not they employ a unionized workforce, are subject to the NLRA. Copies of the official notice can be downloaded from the NLRB’s website at: https://www.nlrb.gov/poster

The official notice contains a summary of employee rights established by the NLRA, such as the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities. Pursuant to the NLRB’s regulations, the notice must be posted in conspicuous places, including all places where notices to employees are customarily posted, and to take reasonable steps to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable. The failure to properly post the notice is an unfair labor practice and could be deemed to be evidence of an anti-union animus in other proceedings against both union and non-union employers alike.

Recommendations

Employers should obtain the official notice and comply with the posting requirements. Employers should consult with an attorney for advice on the posting requirements and compliance strategies to protect their right to communicate and promote a positive employee relations environment. 

We will continue to update our current and prospective clients of further developments. Please contact John K. Baker (610.782.4913; bakerj@whiteandwilliams.com), George Morrison (610.782.4911; morrisong@whiteandwilliams.com) or any member of our Labor and Employment Law Group for further assistance.

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation and legal questions.
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