In August 2011, the NLRB issued a final rule requiring employers to display an 11-by-17-inch poster in their workplace that contains a select list of employee rights under the National Labor Relations Act (NLRA). On Dec. 30, 2011, the NLRB delayed the notice posting requirement’s effective date from Jan. 31, 2012 to April 30, 2012. On or after that date, employers will be required to post a physical copy of the notice at workplaces and an electronic copy on the internet (or company intranet), if the company already does so with other similar federal notices.

The rule has been subject to several legal challenges filed by the ABC-led CDW and other employer representatives. The lawsuits assert the NLRB lacks authority under the NLRA to issue the rule.

Under the rule’s provisions, employers have the option of posting their own notice (in addition to the Board’s notice), as long as it does not contain “threat[s] of reprisal or force or promise[s] of benefit.” ABC produced an 11-by-17-inch sample supplemental notice designed exclusively for nonunion contractors that outlines additional rights granted under the NLRA.

As the rule is currently written, failure to post the NLRB poster on or after April 30, 2012, would be considered an enforceable unfair labor practice in violation of the NLRA. In addition, the Board would be able to extend the six-month statute of limitations for filing a charge when a case involves other unfair labor practices. If an employer knowingly and willfully refuses to comply with the requirements, the refusal could be used as evidence of unlawful motive in other unfair labor practice cases.

For more on the posting requirement and the Board’s delay, visit ABC’s Newsline.

RESOURCES:

• Final Rule on Notification of Employee Rights Under the National Labor Relations Act
• NLRB Fact Sheet
• Official 11-by-17-inch NLRB Notice Poster

ABC Supplemental 11-by-17-inch Notice Poster