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FSSA Legal Update - NLRB Rule Requires Private-Sector Employers to Post Notice of Labor Law Rights

The National Labor Relations Board has issued a final rule requiring most private-sector employers to post a notice to notify employees of their rights under the National Labor Relations Act to engage in collective bargaining and join a union. The rule goes into effect on November 14, 2011 and applies to employers—whether or not they have union workers. The notice is similar to the notice already required by federal contractors (29 CFR Part 471). In addition to physically posting the 11 by 17 inch notice in the workplace, the rule requires a covered employer to post the notice on a company internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the notice to employees by email or other electronic means.

Several organizations are weighing a legal challenge to the NLRB’s rule on the theory that the Board has acted without proper legal authority.

The final rule can be found by clicking here. For an excellent advisory explaining the new rule issued by the National Association of Wholesaler-Distributors, go to:

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