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About the New Required NLRB / NLRA Poster
The NLRB has a new rule in place that will require
most private employers to display a new labor law poster starting
April 30, 2012. (Initially the rule was supposed to go into effect
on Nov. 14, 2011, then it was changed to Jan. 31, 2012, then it was
further extended to April 30, 2012.)
The new poster, titled Employee Rights Under the NLRA, notifies workers of their rights under the National Labor Relations
Act (NLRA). It will
need to be posted where other workplace notices are posted in your
office or facility. In addition, if you normally post employee
notices about personnel rules or policies on an Internet or Intranet
location, you'll need to post the NLRA notice there as well.
Please
note: Although several legal and legislative
challenges have been initiated to prevent the posting requirement
from being forced on businesses, no one knows whether any of them
will be successful.
At this time the NLRA poster is shipping as a
separate, supplemental poster at no extra cost with
new orders for our posters that include a federal poster.
Since it is a separate poster, should the ruling
be overturned, and you choose not to display the NLRA, you can
simply remove that posting and leave the others intact.
We also have the NLRA available for purchase as a
separate poster for employers who don't need a complete new set of
posters. However, we recommend employers who only need the NLRA
poster wait until mid- to late October to order in case the ruling
is overturned or repealed. If you do want to order the new NLRA poster
by itself, you may do so here.)
Here are some facts you need to know about
the
new NLRA poster
Which employers have to post the NLRA
poster?
Private-sector employers (including labor
organizations) will be required to post the NLRA poster. Excluded
are public sector, agricultural and domestic, railroad, and airline
employers, and the US Postal Service. Also excluded are small retail
businesses where generally there are annual gross sales of less than
$500,000, and small non-retail businesses where there is less than
an annual inflow or outflow across state lines of $50,000.
Click
here for other exclusions for miscellaneous categories of small
businesses. Please note: If you need more information than this to
determine whether or not you must post the notice, please contact
your attorney.
What's on the NLRA poster?
The notice, which is similar to
one
required 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 National Labor Relations Board (NLRB)
with questions or complaints.
Where does the notice need to be posted?
The notice must be posted in a conspicuous place
where it is readily seen by employees, including all places where
notices to employees concerning personnel rules or policies are
customarily posted. In addition to the physical posting, employers
who customarily post notices to employees regarding personnel rules
or policies on an internet or intranet site will be required to also
post the Board’s notice on those sites as well.
Does it have to be posted in other
languages than English?
If at least 20% of employees are not proficient in
English and speak another language, then the notice must be posted
in the other language as well.
What about Federal Contractors?
Federal contractors are already 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 DOL’s notice.
Must I Purchase the NLRA poster?
The federal government makes its various required
workplace posters available for free download on government sites.
Many employers, however, prefer to buy the laminated posters we sell
because they are durable and don't rip or tear easily off the wall.
If you'd like additional information, click here
to
read the final rule published in the federal register.
Is the NLRA poster included on the
Business Know-How all-in-1 format (combined) posters?
The NLRA is included as an additional,
separate poster with all our combined posters (federal & state laws
on one poster). Unfortunately, the
required dimensions of the NLRA poster makes it too big to include
in our combined posters.
Is it included in your poster kits?
The NLRA poster is shipped as an
additional poster in our state and federal kits (i.e., there are
three posters). If preferred, you'll be able to buy a poster kit
that has only two posters - the state poster and an expanded size
federal poster that includes the NLRA poster.
If I don't need to update other labor law
postings, can I get just the NLRA poster?
Yes, we have a laminated NLRA poster available
for purchase at a reasonable price for those employers who have
current labor law posters in place and just want the new poster to
bring their organizations into compliance. We also have a
version of the federal labor law poster available for those who are
not required to post the NLRA and who do not want to post it.
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