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NLRB Posting Rule

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.

On April 30, 2012, the National Labor Relations Board (NLRB) Notice – Posting Rule takes effect.  The Rule applies to all companies subject to NLRB jurisdiction and requires companies to post in the workplace notices to employees about their rights to join a union.

Specifically, the new poster 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 those activities.  The Notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

Generally speaking, nearly every company in the private sector is covered by the NLRB’s jurisdiction and there is no specific exemption from NLRB jurisdiction for small businesses.  However, companies that fall below certain threshold annual sales dollar figures may be exempt.  Please consult with either this law firm or the NLRB is you have any questions regarding the NLRB’s jurisdiction over your company. Please keep in mind that the NLRB’s posting requirement will apply to all covered businesses, regardless of whether they currently have a union. 
You may download and print the notice using the links below:
• Employees Rights under the National Labor Relations Act, 11 x 17 version:
https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_fnl.pdf

• Employees Rights under the National Labor Relations Act , 8.5 x 11 version:
https://www.nlrb.gov/sites/default/files/documents/1562/employeerightsposter-8-5x11.pdf

• The posting rule requires that if 20 percent or more of an employer's workforce is not proficient in English, and speaks a language other than English, the employer must post the notice in the language employees speak. The NLRB has prepared the poster in 26 other languages.  Please go to this link if you are in need of the poster in a language other than English: http://www.nlrb.gov/poster

The Notice must be posted in conspicuous places where it will be seen by employees, including all places where notices to employees concerning personnel rules or policies are customarily posted.

If you have any questions regarding this Legal Alert of the NLRB poster requirement, including your organization’s coverage under the rule, please contact any member of the Krugliak, Wilkins, Griffiths & Dougherty Labor and Employment Section.

NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.

 
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