Companies Required to Post New "Employee Rights" Poster
October 2, 2011
by Richard L. Connors
Stinson Morrison Hecker LLP
Copyright © 2011
Absent court intervention, most companies will be required to post – beginning November 14, 2011 – a new 11-by-17 inch notice informing employees of their rights under the National Labor Relations Act (NLRA), pursuant to a final rule issued by the National Labor Relations Board (NLRB).
Employee Rights – The notice informs employees that they have several rights, including the right to "organize a union;" to "form, join or assist a union;" to "bargain collectively;" to discuss their wages and benefits or "union organizing" with their co-workers; and that they may raise "work-related complaints" directly with a government agency and seek "help from a union."
Covered Employers – Because NLRA rights apply to union and non-union workplaces, all private sector employers subject to the NLRB's jurisdiction will be required to post the notice.
Violations – Failure to post the notice may be treated as an unfair labor practice under the NLRA, and the NLRB may extend the statute of limitations for filing other unfair labor practice allegations against the employer. If an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.
Where and How to Post – The notice (which may be downloaded from the NLRB's website and printed in color or black-and-white on one 11-by-17 inch paper or two 8-by-11 inch papers taped together) must be posted where other workplace notices are typically posted. In addition to the physical posting, covered employers must post the notice on an intranet or an internet site if personnel rules and policies are customarily posted there.
Translated Version – Translated versions of the notice will be available from the NLRB, and must be posted at workplaces where at least 20% of employee are not proficient in English.
Federal Contractors – The notice is similar in content and design to a notice of NLRA rights that must be posted by federal contractors under a Department of Labor (DOL) rule. As a result, a contractor will be regarded as complying with the NLRB's notice posting rule if it posts the DOL notice.
Legal Challenge - A number of business groups – including the National Association of Manufacturers, the National Federation of Independent Business, and the U.S. Chamber of Commerce – have filed lawsuits seeking to block the new posting requirement, on the basis that the NLRB has no statutory authority to require a notice of employee rights to be posted.
Richard L. Connors is an attorney with Stinson Morrison Hecker LLP, one of the country's largest law firms with more than 300 attorneys in more than 45-industry-focused areas. Mr. Connors represents management exclusively in employment and labor law.
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