August 25, 2011
Note: This requirement was later delayed until January 31, 2012. Click "NLRB Delays Posting Requirement"for details.
The National Labor Relations Board has issued a Final Rule that will require most private employers, as of November 14, 2011, to post a notice informing employees of their rights under the National Labor Relations Act, in particular, their rights to join labor unions. The Board’s press release, dated August 25, 2011, may be found at the following link: https://www.nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights.
This is an unprecedented break from more than 75 years of tradition under which the Board had at least tried to maintain a colorable claim of neutrality in its dealing with employers and labor unions. The NLRB, however, has now become the new best friend of labor unions.
The notice requirement applies to most private-sector workplaces, both union and non-union. In companies without a union, the notification requirement may prompt curiosity among, and inquiries by employees with respect to their rights to join unions or about their rights under the National Labor Relations Act, even though they are not unionized. In addition to posting the notice (which will be available for download from the NLRB website), employers now should consider the impact on their businesses, if their employees are prompted to pursue unionization.
Rick Vernon is an attorney and co-chair of the employment and labor practice at Lerch, Early & Brewer in Bethesda, Maryland. In connection with his representation of management in employment matters, Rick advises employers on how to remain union-free. To discuss steps your company can take to avoid unionization, contact Rick at (301) 907-2818 or rgvernon@lerchearly.com.
