Nyemaster Goode, P.C.

Another Posting Requirement for All Employers

By Mary Funk

Beginning on November 14, 2011, all private sector employers subject to the National Labor Relations Act, regardless of size, must post in their workplaces an official Notice of Employee Rights. The Notice informs employees of their rights, among others:

(1) to organize, form, join, or assist a union;

(2) to discuss their terms and conditions of employment, or union organizing, with co-workers or union representatives;

(3) to take action with one or more co-workers to improve their working conditions by raising work-related complaints directly with their employer, a government agency, or a union;

(4) to strike and picket; and

(5) to bargain collectively over wages, benefits, hours, and other working conditions. 

The Notice also informs employees that they may "choose not to do any of these activities, including joining or remaining a member of a union."  The Notice further informs employees that it is illegal for their employer to question them about their union support, prohibit them from soliciting for a union or distributing union literature during non-work time, discipline, discharge or threaten them for engaging in concerted activity, prohibit the wearing of union paraphernalia in the workplace absent special circumstances, or videotape peaceful union activities and gatherings.  Finally, the Notice advises the employees on how to file a complaint against their employer.

Employers can download the official Notice from the National Labor Relations Board's website, https://www.nlrb.gov/poster.  The Notice can be printed on one 11x17 inch page or two 8x11 inch pages.  It must be posted where employees customarily receive information from their employer and if an employer generally posts personnel rules and policies on their intranet or an Internet site, the posting must be made electronically as well. 

The Notice must be posted in English and in another language if at least 20% of employees are not proficient in English. The NLRB will provide translations of the Notice. If a translation of the appropriate language is not available from the NLRB, the employer will not be liable for non-compliance.

If a workforce includes two or more groups, each constituting at least 20 percent of the workforce, who speak different languages, the employer must post the Notice in the language spoken by the larger group, and then may either post the Notice in the language(s) spoken by the other group(s) or, at the employer's option, distribute copies of the Notice to those employees in their language(s). If such an employer is also required to post the Notice electronically, it must do so in each of those languages.

Employers who fail to post the Notice may be subject to an unfair labor practice charge.  The NLRB investigates allegations of unfair labor practices made by employees, unions, employers or other people, but does not initiate action on its own.


[...] for employers to post an official Notice of Employee Rights.  As we reported in our blog on September 14, the Notice of Employee Rights will inform employees of their right to organize or join a union, [...]

Posted By NLRB January 31 Posting Requirement Extended AGAIN on 06/28/2013

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