NLRB Requires Employers to Post Unionization Rights Notice


On August 25, 2011, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule which, effective November 14, 2011, will require employers to post an NLRB-issued notice detailing employees’ unionization rights under the National Labor Relations Act (“NLRA”).

Specifically, the rule applies to almost all private-sector employers subject to the NLRA. Importantly, the rule applies to employers who do not have unionized workforces.

The Board’s stated motivation for implementing the posting mandate is its belief that many employees are unaware of their rights under the NLRA. Accordingly, the notice is intended to “increase knowledge of the NLRA among employees, in order to better enable the exercise of rights under the statute.” Thus, the notice informs employees of their NLRA rights, including the right to organize or join a union, to strike and picket, to raise work-related complaints with a government agency, or to choose not to do any of these activities. Additionally, the notice informs employees of numerous actions which employers and unions are prohibited from taking against them, in particular, with respect to the decision to join or not join a union. Lastly, the notice instructs employees on how to contact the NLRB.

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