New NLRB Rule Requires Notification of Employee Rights to Organize

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule that will require most private sector employers to post notices in their workplaces advising employees of their rights under the National Labor Relations Act (NLRA), regardless of whether the workplace is unionized or union-free. The NLRA, enacted in 1935, is the Federal statute that provides employees with the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. The rule appeared in the Federal Register on August 30, 2011, and will take effect 75 days after publication, on November 14, 2011.

The NLRB has developed an 11-by-17 inch poster listing the NLRA rights, of which employees must be advised. Employers may download copies of the poster from the NLRB’s website, http://www.nlrb.gov. The notice must be posted in conspicuous areas, including all places where other workplace notices are normally displayed. Employers must take steps to ensure that the notice is not altered, defaced, or covered with other material.

In addition, employers may be required to distribute the notice electronically, such as by e-mail, posting on an intranet or an internet site, and/or other electronic means, if the employer customarily communicates with its employees by such means.

Failure to post the notice is considered an “unfair labor practice” under the NLRA and can be reported to the NLRB by employees. Employers should maintain a record of when and where they posted the notice, including a digital photograph to serve as evidence of compliance with the notification requirement.

The Schwarzberg & Associates Employment Law and Compliance Team has extensive experience in developing effective policies, procedures and proactive responsive measures to deal with a myriad of workplace issues. Please do not hesitate to contact one of our members; Steve Schwarzberg or Lisa Kohring at (561) 659-3300 to obtain more information about our firm and its various employment law compliance and defense services.