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Employers Will Soon Be Required To Post NLRB Poster In Workplace

UPDATE:  The requirement to post the NLRB poster in the workplace has been postponed to January 31, 2012.  Please click here for further details.

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Beginning November 14, 2011, most private-sector employers will be required to post a notice in their workplace notifying employees of their (collective bargaining) rights under the National Labor Relations Act (“NLRA”).

Specifically, the National Labor Relations Board (“NLRB”) has just issued a Final Rule regarding the new posting requirement. The rule is scheduled to be posted in the Federal Register on August 30, 2011, and will take effect 75 days later, on November 14, 2011.

The posting requirement applies to all private-sector employers that are subject to the jurisdiction of the NLRA. It applies to both union and non-union workplaces. It does not apply to companies in the agricultural, railroad, or airline industries, or to very small employers whose annual volume of business is not large enough to have more than a slight effect on interstate commerce. (If you are not sure whether your company falls under the jurisdiction of the National Labor Relations Act, please consult your labor and employment attorney.)

Beginning November 1, 2011, a copy of the poster can be obtained at no-cost from any NLRB office or online from the NLRB’s website. Companies should post the posters in the same place where they customarily post notices regarding personnel rules or policies. This includes both physical (e.g. bulletin boards) and electronic (e.g.s. internet or intranet) locations. Failure to post the notice will be treated as an “unfair labor practice” by the NLRB.

You can review a copy of the NLRB’s Final Rule here.