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NLRB ISSUES DEADLINE FOR EMPLOYERS TO POST EMPLOYEE RIGHTS UNDER THE NLRA
Effective November 14, 2011, all private sector employers subject to the National Labor Relations Act ("NLRA") will be required to post a notice outlining employee rights under the NLRA. The new requirement addresses the belief that protected employees are largely unaware of their rights under the NLRA and, therefore, cannot effectively exercise those rights.
Below outlines details on how to acquire and display the notice. If you have any questions regarding compliance with this mandate or how it may affect your business, please contact Katherin Nukk-Freeman or the Nukk-Freeman & Cerra attorney with whom you normally work.
Where Do I Get the New Employee Rights Notice?
The National Labor Relations Board ("Board") will provide copies of the notice free of cost upon an employer's request to any of the agency's regional offices. Employers can also obtain and print the notice from the NLRB website.
What Are the Parameters for Posting the New Employee Rights Notice?
- The notice must be 11" x 17" in size and be posted in a conspicuous location, including locations where other personnel and policy rules are regularly posted.
- Employers are responsible for maintaining the integrity of the poster itself.
- Employers must additionally post the notice on an internet or intranet site if the employer customarily uses those electronic means to post similar notices regarding personnel rules and policies.
- The notice must be posted in English and in any other language in which 20 percent of the work force speaks. Translations will be available from the NLRB, however employers will not be penalized for failing to post the notice in an alternative language for which the NLRB does not have an available translation. For languages which are spoken by less than 20 percent of an employer's workforce, the employer is encouraged to provide a copy to those employees in the relevant language.
What Happens if I Fail to Post the New Employee Rights Notice?
Failure to post the notice may, in some circumstances, be regarded as an unfair labor practice under the NLRA. The final rule suggests that non-complying employers genuinely unaware of this posting requirement may effectively avoid formal administrative action by promptly posting the notice once it is called to their attention. However, where employers fail to do so, normal procedures for investigation and adjudication will be invoked.
Similarly, knowing or willful non-compliance may be deemed as evidence of the employer's improper motive in unfair labor practices cases regarding other alleged infractions of the NLRA. The six month statute of limitations may, in certain circumstances, be extended for an employee's unfair labor practices claim if his or her employer has not posted the required notice.
If you have any questions regarding compliance with this mandate or how it may affect your business, feel free to contact Katherin Nukk-Freeman or the Nukk-Freeman & Cerra attorney with whom you normally work.
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