National Labor Relations Act (NLRB) POSTING RULE

By April 20, 2012, virtually all NAMM members (as well as virtually all private sector employers) will be required to post notices informing employees of their rights under the National Labor Relations Act.

The new poster, mandated by the National Labor Relations Board, provides a comprehensive list of employee rights under the NLRA, including 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 choose not to do any of these activities. The notice also provides examples of unlawful employer and union conduct, and instructs employers hot to contact the NLRB with questions or complaints.

Text of the new required poster will be available November 1, 2011 from each NRLB regional office. It can also be printed directly from the NLRB website, www.nlrb.gov.

The new posting requirement does not bar employers from also expressing any views, argument or opinion against unions so long as such expression contains no threat of reprisal or promise of any benefit.

Nearly all private sector employers are covered by the new posting requirement. There is no exemption for small businesses and there is no recordkeeping or reporting requirement. Failure to post as required may be treated as an unfair labor practice by the NLRB.

It’s expected that most employers will post the notice in close proximity to other federal and state required employment notices.