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Employers face November deadline to display organizing rights poster

The National Labor Relations Board (NLRB) issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14—75 days after the agency published the rule in the Federal Register. Private-sector employers, including labor organizations, whose workplaces are bound by the National Labor Relations Act will be required to post the employee rights notice alongside other posters federal and state agencies typically mandate for workplaces. Employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice on those sites.

Copies of the notice will be available from the Agency’s regional offices, and it may also be downloaded from the NLRB website. The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct, and instructs employees how to contact the NLRB with questions or complaints.

The Board received approximately 6,500 comments during the 60-day comment period following publication of the Proposed Rule in the Federal Register, and accepted an additional 500 that arrived after the deadline. In response to the comments, some parts of the rule were modified. For example, employers will not be required to distribute the notice via email, voice mail, text messaging or related electronic communications even if they customarily communicate with their employees in that manner, and they may post notices in black and white as well as in color. The final rule also clarifies requirements for posting in foreign languages.