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August 25, 2011

NLRB Issues New Poster Requirement For 2011

**UPDATE: This information was updated on September 13, 2011. Please see the new blog post for updated information.**

Today, the National Labor Relations Board announced that it has issued a final rule requiring employers to notify employees of their rights under the National Labor Relations Act (NLRA). The rule is scheduled to take effect on November 14, 2011.

The poster is required to be placed in a conspicuous place readily seen by employees. The final rule also imposes a requirement that employers post the notice on an intranet or internet site if personnel rules and policies are customarily posted there. There are also requirements for printing the poster in languages other than English.

The  poster is required to state 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 these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.  Specific language is provided in the final rule.

This new posting requirement applies to nearly all private-sector employers subject to the NLRA, which excludes agricultural, railroad, and airline employers. NLRA rights apply to both union and nonunion workplaces and all employers subject to the NLRB’s jurisdiction will be required to post the notice.

The NLRB issued a press release regarding the final rule.

As the NLRB makes information available, CalChamber will provide customers with additional guidance regarding this new posting requirement, including a compliance fact sheet.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

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Comments

According to the NLRB fact sheet and the Final Rule section 104.203: "The Board’s notice posting rule will apply to federal contractors, who already are required by the U.S. Department of Labor to post a similar notice of employee rights. A contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s notice."

So do employers have to post BOTH the NLRB posting and the extremely similar DOL labor posting? Or will one suffice for both?

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