Wednesday, October 19, 2011

Saved by the Bell…For Now: the NLRB’s Posting Requirement For Non-Union Employers Comes Due

Today, we have an article from Deirdre Kamber of Fitzpatrick, Lentz & Bubba on some information that every business needs to be aware of: updating posting requirements, from the National Labor Relations Board, that virtually every business must post.

Incidentally, The Chamber is hosting a very important event on the Employee Free Choice Act on September 28.

Announced in August 2011, the National Labor Relations Board (“NLRB”) has issued a Final Rule requiring nearly all private-sector employers to post a Notice of Employee Rights in the workplace. Employers who post personnel policies on an internet or intranet site also must post this Notice electronically.  Compliance for posting was dated November 14, 2011; the NLRB announced in October that it has moved the compliance date to January 31, 2012 to allow for additional “research.”

The Notice contains: (1) a summary of employee rights; (2) illegal conduct; (3) the employer's obligation to bargain in good faith; (4) basic enforcement procedures; and (5) NLRB contact information.  Translated versions must be posted in workplaces where at least 20% of employees are not proficient in English.

Who must post?  Irrelevant as to whether union activity is present in the workplace, any employer or labor union subject to the NLRA, including federal contractors, must post this notice.  Those excluded by this Rule include agricultural, railroad, airline, and “very small” employers (whose annual volume of business is not large enough to have a more than slight effect on interstate commerce.)

How will the NLRB enforce the Rule?  The NLRB cannot fine an employer for non-compliance.  It can treat a failure to post as an additional violation of the NLRA or extend the statute of limitations for NLRA violations for multiple violations.

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