As we previously reported here, in an announcement dated August 25, 2011 the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights. Those rights include the rights to form and join unions and to engage in concerted activities for mutual aid and protection, which may include group protests over working conditions or demands for workplace change through social media.
Employers will be required to post a hard copy Notice, which is now available from the NLRB, and which can be downloaded and viewed by clicking here. Where an employer communicates with its employees by electronic means, such as Internet or Intranet, the employer may have a duty to post the Notice electronically as well.
As we previously reported here, also, many employers who are unfamiliar with the NLRB or who have not dealt with it in many years may doubt that they are subject to NLRB jurisdiction. Those employers should consider carefully their course of action. NLRB has exercised a broad view of its jurisdiction, with dollar volume standards that have not changed in decades. Absent a detailed review with legal counsel establishing otherwise, the vast majority of private sector employers should consider themselves subject to NLRB and expect to have to comply with the rule.
Barring a court order preventing enforcement of the NLRB's final rule, all employers subject to the NLRB's jurisdiction must post as required the Notice beginning on November 14, 2011.
Private sector employers are encouraged to seek guidance on how this new NLRB rule will impact their business and communications with employees.
