NLRB Issues Final Rule Requiring Employers to Notify Employees of Their Rights Under the NLRA


In December 2010, Franczek Radelet notified employers that the National Labor Relations Board (NLRB) had announced a proposed rule which would require employers to post a notice of employee rights under the NLRA. On August 25, 2011, the Board announced that a final rule regarding this posting requirement will go into effect for all employers subject to the Board’s jurisdiction on November 14, 2011.

Purpose of the Rule

In the final rule, Chairman Liebman acknowledged that the purpose of the rule is to increase employee awareness of their rights, which in turn will increase union organization, by stating: “Informing employees of their statutory rights is central to advancing the NLRB’s promise of full freedom of association, self-organization and designation of representatives of their own choosing.” In support of its argument that this rule is needed, the NLRB asserted that because most private employees are unorganized, they do not know their rights under the NLRA.

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