NLRB mandates posting notice of employee rights

by Ice Miller LLP

In a final rule released this morning, Aug. 25, 2011, all employers covered by the National Labor Relations Act (NLRA), which includes most private sector employers, must post a notice informing employees of their rights under the NLRA. The posting requirement is effective on Nov. 14, 2011, and covers both union and non-union employers.

Content of notice

The notice, which will be available from the NLRB website, includes information about the NLRA and (in order, as listed on the notice) the rights of employees to:

organize a union;

form, join or assist a union;

bargain collectively;

discuss wages, benefits and other terms and conditions of employment;

raise complaints;

strike or picket; and

choose not to do any of these activities.

The notice also sets out actions that are illegal under the NLRA and the means by which employees may file a complaint, including contact information for the NLRB.

Posting of notice

The notice must be at least 11"x17" and in the type and style prepared by the Board. The notice must be posted in "conspicuous places where they are readily seen by employees, including all places where notices to employees concerning personnel rules or policies are customarily posted." If the employer customarily communicates with employees about policies and procedures on an Internet or intranet site, the notice must also (in addition to the physical posting) be displayed prominently—as with all other similar notices—on that site.

Translation for non-English speaking employees

In addition, where 20 percent or more of the employees speak a language other than English, the notice must be posted in the language spoken by the employees. Employers may request translated copies of the notice from the Board and will not be liable for posting until the translated notice is available.

Penalties for non-compliance

Employers who fail to post the notice will be subject to an unfair labor practice charge through the administrative processes of the NLRB. The Board may order the employer to post the notice and other possible (undefined) remedies. These could include—based on prior Board decisions—emailing the notice to employees, if that is how the employer communicates. In addition, failure to post the notice could result in tolling of limitations periods for unfair labor practices, meaning that employees would have longer than six months to file a charge, and the failure could be used as evidence of unlawful motive (such as hostility against unions) in other NLRB cases where motive is relevant.

If you have questions regarding the notice or the NLRA, please contact Paul Bittner at 614.462.2228 or, Aaron Granger at 614.462.2312 or, Pete Wade at 614.462.2276 or, Bob Weisman at 614.462.2239 or or any member of SZD's Labor and Employment Practice Group.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Ice Miller LLP | Attorney Advertising

Written by:

Ice Miller LLP

Ice Miller LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.