The National Labor Relations Board (the NLRB) has issued a Final Rule that will require employers to notify employees of their rights to collective bargaining under the National Labor Relations Act (NLRA) as of November 14, 2011.
Private-sector employers (including union and non-unionized companies and labor organizations) whose workplaces fall under the NLRA will be required to post the employee rights notice where other workplace notices are typically posted. Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the NLRB’s notice on those sites.
The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states 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.
The notice will be provided by the NLRB. It is a one-sheet notice on 11-by-17-inch paper. The notice is available on the NLRB’s website: http://www.nlrb.gov.
Employers will be able to download the notice from the NLRB’s website and print it out in color or black-and-white. Employers may also request copies of the notice from the NLRB at no cost to the employer.
The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language. The NLRB will provide translations of the notice, and of the required link to the NLRB’s website, in the appropriate languages.
Failure to post the notice may be treated as an unfair labor practice under the NLRA. The NLRB investigates allegations of unfair labor practices made by employees, unions, employers, or other persons, but does not initiate enforcement action on its own. The NLRB has no authority to level fines, which means that this is a rule without much enforcement teeth. But the NLRB can involve other parts of the government to pressure companies to comply with the requirement.
Some in Congress have been working on legislation to block the NLRB rule. Currently, it is still set to go in effect this month. Pallet companies should be aware of all these factors and make a decision about how best to deal with this requirement.
