Act Now to Avoid NLRB Fines: New NLRB Posting Notice Requirement for All Employers

By:  Melissa Fleischer, Esq.

 

As a non-union employer, you probably rarely ever think about the NLRB nor ever thought that they could come after you for things that you do or don’t do in the workplace.  You probably think the NLRB only deals with workplaces that are unionized.

However, this is not true.  The NLRB has jurisdiction over all employers under the National Labor Relations Act (“NLRA”).  In our last newsletter, we advised you that the NLRB has been cracking down on non-union employers who the NLRB alleges have violated the NLRA by terminating employees for posts they make on social media such as Facebook.  Just when you finished preparing for that attack by the NLRB, there is other action by the NLRB brewing on the horizon. 

The NLRB has come out with a new posting requirement for all employers.  That is right, even you even though you are not unionized.  The original date for compliance with this new posting requirement was January 31, 2012 but that date has now been extended to April 30, 2012.  The notice can be downloaded from the NLRB website.  In addition, if 20$ or more of your workforce is not proficient in English, the notice must be posted in those employees language.  The NLRB website has translations of the notice in 26 other commonly-used languages.  In addition to posting the new notice, if you have your personnel manual or employee handbook posted on your intranet, this new NLRB notice must now be posted on your intranet as well. 

Under this new requirement. The NLRB has issued a regulation requiring all employers to post a notice, similar in size to the other employment law posters you have posted in your workplace, advising employees of all their rights under the NLRA.  In particular, this new poster requirement requires non-union and union employers to advise their employees that they have the right to do the following:

Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions

of employment.

• Form, join or assist a union.

• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages,

benefits, hours, and other working conditions.

• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers

or a union.

• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related

complaints directly with your employer or with a government agency, and seeking help from a union.

• Strike and picket, depending on the purpose or means of the strike or the picketing.

• Choose not to do any of these activities, including joining or remaining a member of a union.

 

The required poster advises employees to contact the NLRB if their rights are being violated or if they want to file a complaint.  You would think the NLRB just doesn’t feel it has enough to do and they need to bring in more employees with complaints.

Employers should ensure that they have complied with this new posting requirement whether or not they are in a unionized environment.  This new aggressive NLRB seems to be focusing more and more on the non-unionized employers for enforcement of the NLRA.  Take steps today to avoid action by the NLRB against your organization.

For more information or for help complying with this new posting requirement, feel free to contact us at info@hrlearningcenter.com or 914-417-1715.

 

© HR Learning Center LLC 2012