Updated: New Notice-Posting Rule Postponed Again

Updated on 12/29/2011 -

On December 23, 2011, the National Labor Relations Board (NLRB) announced that the implementation date has been postponed from January 31, 2012, to April 30, 2012, for the new notice-posting rule that applies to almost all employers in the private sector. This is the second time the date has been postponed.

As there is absolutely no reason for employers to post early, all businesses should now mark their calendars to begin posting the new notice as of April 30, 2012. As a reminder, most private sector employers must post an 11 by 17 inch notice, which can be printed or downloaded from the NLRB website at www.nlrb.gov/poster. The notice must be posted in the same location where personnel rules or policies are normally posted. Additionally, if your company provides employee handbooks and/or policies via an intranet or internet site, it must be posted on those sites as well.

Previous article from October 7, 2011 -

On October 5, 2011, the National Labor Relations Board (NLRB) announced that the date has been postponed from November 14, 2011, to January 31, 2012, for the new notice-posting rule that applies to almost all employers in the private sector. This topic was recently discussed at the September DeWitt Ross & Stevens HR Roundtables by Attorney Stephen DiTullio. At that time, the November 14 date applied, but it is clear by yesterday's NLRB announcement that the posting date is now January 31, 2012. The National Labor Relations Board stated that the postponement was "in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses."

As there is absolutely no reason for employers to post early, all businesses should now mark their calendars to begin posting the new notice as of January 31, 2012. As a reminder, most private sector employers must post an 11 by 17 inch notice, which can be printed or downloaded from the NLRB website at www.nlrb.gov/poster. The notice must be posted in the same location where personnel rules or policies are normally posted. Additionally, if your company provides employee handbooks and/or policies via an intranet or internet site, it must be posted on those sites as well.

As a reminder, nearly all private sector employers will be required as of January 31, 2012, to notify through this posting that its employees have certain rights afforded to them under the National Labor Relations Act (“NLRA”), including the right to organize a union and to engage in other protected concerted activity. In order to comply with the new NLRB notice requirements, every private sector employer must include in its notice specific language prescribed by the NLRB, including examples of employee rights under the NLRA, the NLRB’s contact information, and NLRB enforcement procedures. By requiring such specific information, the NLRB is apparently attempting to influence and increase union representation in the private sector. Indeed, the one dissenting NLRB member specifically stated that the new notice requirement was an attempt to “reverse the steady downward trend in union density among private sector employees in the non-agricultural American workforce.”

As a result of this new notice requirement, it certainly is possible that there will be an increase in union organizing activities in the private sector. Therefore, it is very important that all private sector employers understand strategies and legal requirements in regard to union organizing in their workplaces.

Furthermore, if at least 20 percent of an employer’s workforce is not proficient in English, it will be further required that the employer post notices in all of the languages that the employees speak, other than English, or post the notice in the language that most of the employees speak, other than English, and distribute copies of the notice to the rest of the non-English speaking employees in the appropriate language.

If an employer fails to comply with the NLRB’s notice requirements, it will constitute an unfair labor practice under the NLRA. Furthermore, failure to adhere to the notice requirement may result in the statute of limitations being tolled on unfair labor practice charges, which could result in the Board excusing an employee from the time requirements otherwise necessary for filing other unfair labor practice charges. Thus, the ramifications for failing to comply are quite significant.

More information

If you have any questions regarding the posting requirements or would like more information, please contact your DeWitt Ross & Stevens S.C. employment relations attorney. Our Brookfield attorneys can be reached at (262) 754-2840 and our Madison attorneys at (608) 255-8891.