Questions & Answers - Please Read - All of your questions are answered below.
Employers should begin posting the notice on January 31, 2012.
On August 25, 2011 the National Labor Relations Board ( NLRB ) issued their final ruling requiring Private-Sector Employers to notify employees of their rights under the National Labor Relations Act (NLRA) by posting this notice. The New Federal Poster requirement applies to all private-sector employers (including labor unions).
Does my company have to post the notice - ?
The posting requirement applies to all private-sector employers (including labor unions) subject to the National Labor Relations Act, which excludes Agricultural, Railroad and Airline Employers. In response to comments received after the proposed rule was announced, the Board has agreed to exempt the U.S. Postal Service for the time being because of that organization’s unique rules under the Act.
When will the notice posting be required - ?
The final rule takes effect 75 days after it is posted in the Federal Register, or be posted by November 14, 2011.
There is no union in my workplace; will I still have to post the notice - ?
Yes. Because NLRA rights apply to union and non-union workplaces, all employers subject to the Board’s jurisdiction (aside from the USPS) will be required to post the notice.
I am a federal contractor. Will I have to post the notice - ?
The Board’s notice posting rule will apply to federal contractors, who already are required by the Department of Labor to post a similar notice of employee rights. A contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s notice.
I operate a small business. Will I have to post the Board’s notice - ?
The rule applies to all employers subject to the Board’s jurisdiction, other than the U.S. Postal Service. The Board has chosen not to assert its jurisdiction over very small employers whose annual volume of business is not large enough to have a more than a slight effect on interstate commerce. The jurisdictional standards are summarized in the rule.
Many of my employees speak a language other than English. Will I still have to post the notice - ?
Yes. 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 Board will provide translations of the notice, and of the required link to the Board’s website, in the appropriate languages.
Will I have to maintain records or submit reports under the Board’s rule - ?
No, the rule has no record-keeping or reporting requirements.
How will the Board enforce the rule - ?
Failure to post the notice may be treated as an unfair labor practice under the National Labor Relations Act. The Board investigates allegations of unfair labor practices made by employees, unions, employers, or other persons, but does not initiate enforcement action on its own.
What will be the consequences for failing to post the notice - ?
The Board expects that, in most cases, employers who fail to post the notice are unaware of the rule and will comply when requested by a Board agent. In such cases, the unfair labor practice case will typically be closed without further action. The Board also may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer. If an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.
