On August 30, 2011 the National Labor Relations Board (Board) has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act (the “Act”) as of November 14, 2011. The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints. However, the Final Rule can be challenged on First Amendment grounds.
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