The National Labor Relations Board (NLRB) has issued a final rule requiring nearly all U.S. businesses to post a notice telling employees their union rights. This is a new federal requirement.
As of January 31, 2012, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.
Q: What is the posting deadline?
A: The original deadline was November 14, 2011. However, the NLRB has extended the compliance date to January 31, 2012.
Q: The ruling says “nearly” all employers must post the new notice. What are the exceptions?
A: At this time, the requirement does not apply to agricultural, railroad, or airline employers, or the U.S. Postal Service. In addition, some very small businesses and retailers may be exempt. In general, these are employers that purchase or provide less than $50,000 per year in goods or services out of state. If you think your company may fall into this category, check with your accountant or financial professional. However, all U.S. businesses with at least one paid employee are required to display other federal and state notices.
Q: What are the penalties for not displaying the poster?
A: Unlike other federal notices, there are no fines associated with this posting. However, noncompliance can be treated as an unfair labor practice and can be used as evidence in a lawsuit.
Q: What if my business is non-unionized? Do I still have to comply?
A: Yes. This new poster is mandatory for all workplaces, regardless of your company’s union status.
Q: Do I need to post this notice in Spanish?
A: This notice must be posted in appropriate languages if 20 percent or more of your workforce is not proficient in English.
How can I get copies of the Notice?
The easiest way to obtain the Notice is to download it from www.nlrb.gov/poster and print it on a single 11-by-17 paper or two 8-by-11 papers taped together. Free copies of the Notice are available on request from any NLRB regional office. Finally, employers can satisfy the rule by purchasing and posting a set of workplace posters from a commercial supplier.