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NLRB Issues Final Rule Requiring Employers To Post Notice Of Employee Rights Under The NLRA

August 25, 2011

By Jennifer A. Sabovik


This morning the National Labor Relations Board announced that it has issued a final rule requiring employers covered by the National Labor Relations Act to notify employees of their rights under the Act. The final rule, which follows the Board’s December 2010 issuance of a proposed rule, will be published in the Federal Register tomorrow.

The rule requires that all private-sector employers (including labor unions) covered by the National Labor Relations Act post an employee rights notice where other workplace notices are typically posted. (Almost all private employers are covered by the Act, whether or not their employees are unionized.) The notice (which is set forth in full at Appendix A of the final rule) must be posted by November 14, 2011. The rule makes it an unfair labor practice to fail to post the notice. Employers who customarily use an internet or intranet site to post notices to employees regarding personnel rules or policies will be required to post the Board’s notice on those sites as well. Employers will not be required to distribute the notice via email, voice mail, text message or related electronic communications even if they customarily communicate with employees in that manner. Employers may post notices in color or black and white.

According to the Board’s press release, the notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. The notice provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

We will provide additional details on the final rule soon. In the meantime, please also feel free to contact us with any questions about this rule or labor relations matters.