*By Patrick J. Hoban
As Zashin & Rich Co., L.P.A (“Z&R”) notified you in its August 26, 2011 employment law alert, the National Labor Relations Board (“NLRB”) issued a new rule requiring employers – for the first time ever – to post a notice of employee rights under the National Labor Relations Act (“NLRA”). Employers may now obtain posters from NLRB regional offices or by downloading and printing from the NLRB’s website:
As explained in the prior alert, as of November 14, 2011, most private sector employers will be required to post the notice. The notice must measure 11-by-17 inches and be posted in a conspicuous place where the employer posts other notifications of workplace rights and employer rules. In addition, if other personnel policies or workplace notices are on an internal or external website, the employer must also post the notice on those websites. Additionally, if 20% of an employer’s workforce is not proficient in English, the employer must post the notice in the language of those employees. Translated versions of the poster can be obtained from NLRB regional offices.
Not surprisingly, an employer group has already taken legal action against the NLRB for implementing the posting requirement. The National Association of Manufacturers filed a lawsuit in the U.S. District Court for the District of Columbia on September 8, 2011 to stop the NLRB from enforcing the rule. The lawsuit alleges that the NLRB exceeded its statutory authority in promulgating the posting rule and requests that it be rescinded. Z&R will follow this and other legal developments regarding the posting rule and provide updates as necessary.
Unless and until the federal courts invalidate the posting rule, if you are a private-sector employer covered by the NLRA - whether your employees are unionized or not - you must obtain and post the required NLRB notice by November 14, 2011.
*Patrick J. Hoban, an OSBA Certified Specialist in Labor and Employment Law, appears before the Natio
