Exercising a virtually unprecedented expansion of its rule-making authority, a divided National Labor Relations Board (NLRB) has adopted a regulation requiring all covered employers—unionized and non-unionized alike—to post notices to employees reminding them of their rights to organize, join unions, and bargain collectively with their employer for improved wages and working conditions.

Background

The NLRB first proposed the mandatory posting rule in December 2010, marking the board’s first exercise of its rule-making authority since 2004. During the comment period, the NLRB received more than 7,000 comments on the proposed regulation—most of which opposed the rule. Despite the overwhelming opposition, and over the objection of the board’s sole Republican member, the NLRB issued a final rule requiring covered employers to post the notice later this year.

What Does the Notice Say?