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Update: National Labor Relations Board Releases Employee Rights Poster

Client Alert - October 5, 2011

By Marc Furman

The National Labor Relations Board has published its new poster, titled “Employee Rights Under the National Labor Relations Act.” As previously reported on our blog, the Board recently adopted a new rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The poster is available for downloading on the Board’s website, and in hard copy from the Board’s regional offices.

The poster informs employees of their right to act together to improve wages and working conditions; to form, join and assist in a union; to bargain collectively with their employer; and to refrain from these activities. The Board also has added a question and answer section to its website, noting that “[s]imilar postings of workplace rights are required under other federal workplace laws.”

This new posting requirement has generated substantial controversy among private-sector employers and business associations. The U.S. Chamber of Commerce has launched a radio ad campaign titled “Common Sense,” and has also sued the Board in an effort to block the posting requirement. The U.S. Chamber of Commerce has argued in its lawsuit that the Board’s rule is unlawful and exceeds the Board’s authority. Among other things, they argue that the posting requirement and creation of a new unfair labor practice for employers violating the rule, exceed the Board’s authority. Other organizations, including the National Manufacturing Association and the National Federation of Independent Business, have brought similar suits against the Board.

As of this date, the courts have not taken any action to delay or reverse the Board’s posting requirement. Unless informed otherwise, employers should be ready to post the notice when it becomes effective on November 14, 2011.