Thursday, August 25, 2011

BREAKING: NLRB publishes final rule on mandatory posting of labor rights

hs0aluluLast December, the NLRB proposed a rule requiring employers to post notices informing their employees of their rights as employees under the National Labor Relations Act. This morning, the NLRB published its Final Rule [pdf] mandating this posting. The notice (pages 185 – 190 of the Final Rule) provides a comprehensive list of employee’s rights under the NLRA, including their 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 choose not to do any of these activities. It also provides examples of unlawful employer and union conduct, and instructs employees how to contact the NLRB with questions or complaints.

Here is what the NLRB wants employers to know about the mechanics of this new posting requirement:

  • It takes effect November 14, 2011.
  • It is mandatory for all employers who are subject to the NLRA—union and non-union (which is nearly all private sector businesses).
  • Beginning November 1, each NLRB regional office will be able to provide a copy of the notice free of charge, or employers can print it directly from
  • The NLRB will also make translated versions available, which must be posted at workplaces where at least 20% of employees are not English-proficient.
  • Employers also must post the notice on an intranet or an internet site if they customarily post personnel rules and policies there.
  • The rule has no record-keeping or reporting requirements.
  • The NLRB may treat any failure to post as an unfair labor practice.

Non-union employers, how do you feel about having to tell your employees that they have the right to form a union? That’s what I thought.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or