NLRB issues final rule on Posting Requirement

The National Labor Relations Board (NLRB) today issued a final rule which will require employers to notify employees, via a poster within the workplace, of their right to organize as provided by the National Labor Relations Act. The ruling will become effective November 14, 2011 and does not mention an employee’s right to oppose unionization.

In addition to the physical posting, the rule requires employers to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means.

If more than 20% of employees are non-English speakers, an employer will be required to provide a translated version of the posting in the appropriate language.

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 National Labor Relations Act.

HARDI will continue to update its members on the requirements of this ruling.