In our Employment Law News article of August 29, 2011, we advised of the National Labor Relations Board’s (NLRB) new requirement that most private sector, non-governmental employers post a Notice of Employee Rights under the National Labor Relations Act. When the NLRB made its announcement in August, the official posters were not yet available. On September 14, 2011, the NLRB announced that the official posters are now available on-line for downloading. Beginning on November 14, 2011, the official 11-inch by 17-inch Notice (or the official two-page 8.5-inch by 11-inch version) must be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. In addition, employers should publish the Notice on an internal or external website if other personnel policies or workplace notices are posted there.
No Requirement to Post Before November 14, 2011
There is no obligation to post the official poster on November 14, 2011. Indeed, recently filed litigation challenging the NLRB’s authority to require the posting may result in a delay of the posting requirement. We will continue to keep you informed of developments as they occur. Nevertheless, private employers should be prepared to post the notices when required because there are significant consequences if posting is not done on a timely basis. As discussed more fully in our August 29, 2011 Employment Law News, the consequences include a possible tolling of the six-month statute of limitations and the creation of an inference of bad faith or anti-union bias on the part of the employer who failed to post the Notice.
The posters are available for downloading and printing. Copies also are available from any of the NLRB’s regional offices.
Poster Downloads
Official NLRB Notice of Rights Poster 11 x 17-inch version (pdf)
https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_nlra.pdf
Official NLRB Notice of Rights Poster 8.5 x 11-inch version (pdf)
https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_nlra_8_5x11.pdf
Should you have questions, please contact your regular Hall Render attorney or a member of our Employment and Labor Section.
