Get the Answers to All Your Questions About the Mandatory NLRA Posting

09/07/11

As anticipated, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employees to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice.  

Here are answers to the most common questions you may have:

Q: Is my company required to post the notice?
A: This new posting requirement applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.

Q: What is the deadline for the posting?
A: The final rule takes effect exactly 75 days after it is posted in the Federal Register (August 30, 2011). This makes April 30, 2012, the deadline for the new NLRA posting.

Q: My workplace is non-unionized; do I still have to post the notice?
A: Yes, because NLRA rights apply to union and non-union workplaces alike.

Q: Do federal contractors have to post the notice?
A: A similar notice is currently required by the Department of Labor (DOL). The NLRB will regard the contractor as being in compliance if it posts that notice.

Q: Do small businesses have to post the notice?
A: The new rule applies to all employers covered by the NLRA, but the NLRB has made an exception for what they are calling "very small employers". Consult with your financial advisor to determine whether an exemption applies to your business.

Q: Many of my employees speak a language other than English. Do I still have to post the notice?
A: Yes. The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language.

Q: What if I communicate with employees electronically?
A: In addition to the physical posting, the rule requires every covered employer to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means.

Q: How will the NLRB enforce the rule?
A: Failure to post the notice may be treated as an unfair labor practice, evidence of improper motive in unfair labor practice cases and can give employees extra time to file unfair labor practice charges against their employer.

We hope you've found this information regarding your compliance requirements helpful.