New Rules Promulgated by the National Labor Relations Board requiring most employers to post a notice that informs employees of their right to, among other things, organize a union were unsuccessfully challenged by various employer associations. On March 2, a Washington, DC Federal District Court ruled that the NLRB has the authority to require employers to post the notice. It also ruled that the NLRB did not have authority to automatically deem an employer’s failure to post the notice an unfair labor practice. It may be an unfair labor practice if the NLRB finds that based upon the “facts and circumstances” the failure to post interfered with the employee’s exercise of his or her rights.
This means that employers are required to post the notice on April 30 in a location where other workplace notices are posted including on-line intranets. Downloadable versions of the post are in English and Spanish and can be found at the National Labor Relations Board website. For those of you who are employers, we urge you to print the notice and post it on or before April 30.