Thursday, August 25, 2011

Clear space on the employee bulletin board--NLRB issues rule concerning posting notice of employee rights

The NLRB announced this morning that most private sector employers will be required  to post a notice informing their employees of their rights under the National Labor Relations Act.  The notice posting rule will take effect on November 14, 2011.

Translated versions must be posted when 20% of the workforce are not proficient in English.  The most significant aspect of the rule occurs if an employer does not post the notice.  Such failure may lead to the extension of the six month limitations period for filing of other unfair labor practice charges.  The knowing and willful  failure to post the notice may considered evidence of unlawful motive in an unfair labor practice case involving other issues.

This rule has been on the Chairman's and unions' wish list for some time.  Does it have any practical impact other than the inferences the Board may draw?  Probably not.  It will be placed along side the ocean of local, state, and federal notices now which are largely ignored by employees.  There is likely to be a lot of emotion accompanying this announcement, but it is important to recognize that no additional rights are created.  As to the Board's inferences, it ultimately may be resolved in court as part of a case challenging other findings based on specific facts.

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