You May Need Bigger Bulletin Board--yep, here comes another legal posting!

Well, a federal district court upheld (3/2/12) a National Labor Relations Board's (NLRB) rule that requires employers to post notices informing workers of their right to join a union.  Several trade and business groups challenged the NLRB rule including The National Association of Manufacturers and the National Right to Work Legal Defense Foundation along with the National Federation of Independent Business.  

So, what is this poster?  It informs employees of their rights under the National Labor Relations Act (NLRA). It must be posted in a conspicuous places, informing them of their NLRA rights, together with Board contact information and information concerning basic enforcement procedures.    The notice state

"Under the NLRA), you have the right to: 

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. 
• Form, join or assist a union 
• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
• Discuss your terms and conditions of employment or union organizing with your co-workers or a union.
• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
• Strike and picket, depending on the purpose or means of the strike or the picketing.
• Choose not to do any of these activities, including joining or remaining a member of a union"

The notice also lists several examples of unlawful behavior under the NLRA and instructs employees how to contact the NLRB with questions or complaints.

Employers are also required to post the notice in a foreign language, if 20 percent or more of the employees in the employer’s workforce speak a language other than English.   The NLRB is translating the poster into 26 other languages.  The rule additionally requires that employers who regularly communicate with employees via electronic means, such as a company intranet site, also post the notice electronically, or provide a link to the NLRB site. 

The notice must be posted by April 30, 2012 and it must be an 11/x 17 paper.  The court struck down much of the enforcement in the original rule but it is clear that employers who fail to post the notice could face an individualized determination that failure to post the notice was unlawful. 

Oh, you can get the copies of the poster for free from the NLRB or download it a at Get poster from NLRB

Now, you may wonder if you are an employer required to post this--the answer is probably yes if you are a private employer.  There are several public-sector employees and others who are excluded--including workers employed by a parent or spouse.  Details are at the bottom of the poster. Also, the Board did agree to exempt the US Postal Service for the time being due to the organization's unique rules under the Act. 

Here's a link to read some of the FAQs: NLRB FAQ on poster

Yes, there still could be appeals.... 

And for a little light reading--and for your reference--here is the rule: NLRB rule on poster.

I'll publish some info on protected concerted activity. It can be tricky.  

New Poster again! The NLRB in 11x17 and on your intranet!

The National Labor Relations Board has issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice. The rule was placed of the Federal Register on August 25. It is scheduled to be posted in the Federal Register on August 30 and will take effect 75 days later.

The posting requirement, which takes effect on November 14, 2011 is intended to inform employees - both unionized and non-unionized - of their NLRA rights and is patterned after other required postings.

The rule will not apply to non-NLRA employers, including employers of railroad, airline, and agricultural workers. Federal contractors will also be required to post this NLRB notice as well as others.

Employers must post an 11-by-17 inch poster in the workplace and requires covered employers to post the notice on an internet or intranet site, if HR rules and policies are genrerally posted there. However, employers will not be required to distribute the posting by emails. 

The poster will be on the NLRB website for download and available at no charge in hard copy form at NLRB regional offices.  Posters will available by November 1, 2011.

Don't follow the posting requirements?  You may have earned an unfair labor practice.

Employers failing to post the notice may get a break as the NLRB recognizes that employers may be unaware of the new rule. In those cases, the Board may not seek penalties as long as the employer posts the notice right away.

Here is the link to the info: http://nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights

A fact sheet published bythe NLRB is here: http://nlrb.gov/news-media/fact-sheets/final-rule-notification-employee-rights

POSTER now includes GINA!

The EEOC has updated its EEO poster to include the GINA requirements. This poster is available for free on the EEOC’s Web site at http://www.eeoc.gov/self_print_poster.pdf. As an alternative, you can post just the GINA requirement next to your current EEO poster, and the EEOC also has provided a supplemental poster online (again, free of charge) at http://www.eeoc.gov/gina_supplement.pdf.
So, be sure to update your workplace posters to include the GINA information before the November 21 effective date.