NLRB Adopts Notice Posting Requirement For Private Sector Employers

The National Labor Relations Board (Board) has issued a Final Rule requiring most private-sector employers to post a notice notifying employees of their rights under the National Labor Relations Act (NLRA). The rule will take effect on November 14, 2011. Copies of the required poster can be obtained here. The Notice must be posted by November 14, 2011.

In addition to physical posting, the rule requires every covered employer to post the notice on an internet or intranet site if other personnel rules and policies are customarily posted there.

Failure to post the notice will be considered an unfair labor practice and an employee may file a charge based on the failure. Additionally, the rule provides that the Board may extend the 6-month statute of limitations for filing a charge involving other, unrelated unfair labor practice allegations during the time the notice is not posted. Finally, if an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.