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New NLRB Poster Requirement

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

On August 27, 2011, the National Labor Relations Board (“NLRB”) adopted a rule, which becomes effective as of November 14, 2011, that requires employers to notify employees of their rights under the National Labor Relations Act (“NRLA”). This Notice requirement applies to millions of private-sector employers that fall under the jurisdiction of the NLRA. The Notice is to inform both unionized and non-unionized employees of their rights under the NLRA and, specifically, provides that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. The Notice also provides examples of unlawful employer and union conduct and instructs employees on how to contact the NLRB with questions or complaints.

In addition to physically posting the Notice, the new rule also requires every covered employer to post the Notice on an internet or intranet site, to the extent that personnel policies are customarily posted electronically at a particular company. And, similar to other mandatory labor law posting requirements, if at least 20% of the employer’s workforce is not proficient in English, the Notice must be posted in English and the other languages spoken by the employees in the workforce.

While the Notice is not currently available, employers should soon be able to download the Notice from the NLRB’s website at www.nlrb.gov. In the meantime, should you have any questions, please do not hesitate to contact E. Jason Tremblay at (312) 876-6676.