A Parting Gift From The Liebman Board: Employers Must Post Notice of Organizing Rights Starting November 14


As a parting “gift” for employers during Wilma Liebman’s last days as Chair, the National Labor Relations Board announced its final rule on Notification of Employee Rights under the National Labor Relations Act. The rule passed the Board by a 3-1 vote, with Member Brian Hayes dissenting. The rule will take effect on November 14, 2011, 75 days from the date of its publication in the Federal Register.

The rule mandates that employers covered by the NLRA (which includes non-union employers) must post a notice to employees informing them of their right to act together to improve wages and working conditions, to form and join a union, to bargain collectively, or to choose not to do any of these things. Employers can request copies of the notice from the NLRB or download them from the NLRB’s website. Downloaded copies must be printed on 11x17-inch paper but can be printed in black and white. Employers also can use a commercial poster service as long as the notice maintains the same size, color, and content. The NLRB says that copies of the notice will be available by November 1.

According to the rule, the notice must be posted in conspicuous places, including all places where notices to employees are customarily posted. The employer must take reasonable steps to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.

Please see full bulletin below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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