>New NLRB Posting Requirement

Amy McLaughlin, Esq., Contributor

 
The National Labor Relations Board (NLRB) has delayed implementation of its new rule requiring employers to post a notice of employee labor rights in the workplace, following strong public criticism of it, as well as several lawsuits challenging the authority of the NLRB to mandate the posting.  The NLRB has explained the delay as necessary “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized business.”   The new effective date of the posting requirement is January 31, 2012.

The NLRB issued its final rule  in late August, requiring employers to post a new notice of employee labor rights, regardless of whether the employer’s workforce is unionized.  Most private employers are required to comply with the posting mandate.  There are limited exceptions for agricultural, railroad, and airline employers, as well as small employers that don’t meet the annual volume of business thresholds required for NLRB jurisdiction (the threshold for retail employers is a gross annual volume of business of $500,000 or more; for non-retail employers, the Board generally has jurisdiction if the employer’s annual goods/services sold or purchased out of state is at least $50,000).
 
The notice specifically lists an employee’s rights under the National Labor Relations Act (NLRA), such as the right to organize; bargain collectively; discuss wages, benefits, or other terms and conditions of employment with co-workers or a union; take action with fellow employees to improve working conditions; strike/picket.  The notice also provides detailed examples of unlawful employer conduct, including prohibiting employees from talking about or soliciting for a union on non-work time; questioning employees about their union support in a manner that discourages such activity; threatening to close the workplace it workers choose a union to represent them; taking adverse action against an employee for joining or supporting a union.  Finally, the notice provides NLRB contact information for employees who have questions or complaints.
 
In addition to the physical notice, employers are required to post the notice on their company internet/intranet site if they regularly communicate with their employees about personnel rules or policies by such means.  Employers may obtain copies of the notice from the NLRB website, or by contacting a regional NLRB office.  

Amy McLaughlin, Esq., Co-Chair, Employment Law Group