New Notice Requirements for Employers Subject to the NLRA
Laura Scully
While most National Labor Relations Board announcements do not affect CB&D’s non-unionized clients, this latest development concerns clients both with and without unions. The NLRB has released a final rule that will require employers subject to the National Labor Relations Act to post a notice that informs employees of their rights under the NLRA. The notice requirements will become effective November 14, 2011.
Private-sector employers must post the notice in conspicuous places. While employers do not have to distribute the notice via e-mail or other electronic means, in certain instances, they may need to post the notice on any customarily used intranet or internet site. The notice, which can be downloaded from the NLRB’s website, must comply with certain formatting specifications and may need to be translated, depending on the makeup of the employer’s workforce.
The notice states that employees have the right to organize, form, join, or assist a union; to bargain collectively; to take action together to improve working conditions; and to strike and picket. In addition, it sets forth what an employer and union may not do under the NLRA and gives employees information about how to contact the NLRB with questions or complaints.
Failure to comply with the notice obligations may amount to an unfair labor practice under the NLRA, violating the Act’s prohibition against “interfer[ing] with, restrain[ing], or coerc[ing] employees in the exercise of the rights guaranteed” by the Act. Moreover, not posting the notice as required may even toll the six-month statute of limitations on an employee’s unfair labor practice charge.
CB&D will be following up on how employers can respond to this notice in legal and effective ways. Meanwhile, to find out more about this latest set of notice requirements or the various posting requirements under federal employment laws, contact a CB&D attorney at labor@cbdm.com.
This Update is not intended to be legal advice, but rather is intended to inform the reader of problem areas and recent developments in labor and employment law. If legal advice is required concerning a particular matter, your attorney should be consulted.