Alert: NLRB Issues Rule: Employer Must Post Notice of Employee Rights Under NLRA

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August 31, 2011

This week the National Labor Relations Board (NLRB) issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act.  The Rule will become effective November 14, 2011, and will apply to all private-sector employers covered by the National Labor Relations Act (NLRA).  The notice informs employees that they have the right to form, join and assist a union; to bargain collectively; to otherwise engage in protected and concerted activities related to the terms and conditions of their employment; and to refrain from engaging in such activities.  The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

Under the new rule, employers will be required to post a notice developed by the NLRB.  Also, employers who customarily post notices to employees regarding personnel rules or policies on an Internet or intranet site will also be required to post the NLRB's notice on those sites.  The notice must be posted in English.  Further, where 20 percent or more of an employer’s workforce speak a language other than English, employers must post a notice in that language as well.  The NLRB will provide translations of the notice.  Copies of the notice form can be downloaded from the NLRB website or can be provided by the NLRB’s regional offices.

For more information, contact your Briggs and Morgan attorney or a member of the Employment, Benefits and Labor Section, ranked as a Minnesota Band 1 practice in Chambers USA.