The National Labor Relations Board (NLRB) issued a final rule on August 25, 2011, effective November 14, 2011, requiring employers to notify employees of their rights under the National Labor Relations Act (NLRA).
The rule requires that employers post a notice in a conspicuous place advising employees of their rights under the NLRA. The notice must be at least 11 inches by 17 inches in size and must be placed in all locations where notices to employees concerning personnel rules or policies are normally posted. If 20 percent or more of the employer's workforce is not proficient in English, the employer must post the notice in the non-English language those employees speak. If the non-English-proficient employees speak more than one foreign language, the employer must post the notice in each of those languages, or post the notice in the language spoken by the largest group of employees and provide copies to the other foreign-language-dominant workers in the appropriate language(s). Starting November 1, 2011, English and foreign language posters may be downloaded from the NLRB's Web site: www.nlrb.gov.
Employers also are required to post the notice on an Internet or intranet site if they normally use such sites to communicate their personnel rules and policies. The electronic posting must be prominently displayed (i.e., no less prominently than other notices to employees) with an exact copy of the poster or a link to the NLRB's Web site with the phrase "Employee Rights under the National Labor Relations Act."
The text of the Notice states:
"The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.
Under the NLRA, you have the right to:
Under the NLRA, it is illegal for your employer to:
Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:
If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.
Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law.
Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency's Web site: http://www.nlrb.gov.
You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.
If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB's Web site or by calling the toll-free numbers listed above.
The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).
This is an official Government Notice and must not be defaced by anyone."
On May 6, Day Pitney and the Association of Corporate Counsel-Northeast Chapter are hosting a webinar, "Managing the Workplace in Wake of COVID-19."
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