All Employers May be Required to Post NLRB Notice of Union Organizing Rights


The National Labor Relations Board ("NLRB") has issued a Notice of Proposed Rulemaking that would require all Employers subject to the National Labor Relations Act to post "Notices" physically and electronically.

In a proposed rule issued on December 22, 2010, the NLRB requires all Employers to post 11 by 17 inch Notices and e-mail employees (where the Employer customarily communicates with employees by such means) a Notice identifying the statutory rights of employees to organize unions. The NLRB intends to punish all Employers who fail to make the required postings through their unfair labor practice process. The Notices explain the statutory protections under the National Labor Relations Act for employees who desire to form unions.

The Notices will not only inform employees of their rights, wrote the NLRB, but will also dissuade Employers from violating those rights.

Employers subject to the National Labor Relations Act are the vast majority of private sector Employers. Examples of Employers outside of this class are federal, state, county and municipal employees, common carrier employees (such as railway and airline workers) and certain agricultural employees. Virtually all other employees, and Employers, are within the jurisdiction of the NLRB regardless of whether or not the employees have previously determined to unionize.

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