1/1/2012 NLRB Requires Private Employers to Notify Employees of Right to Unionize by April 30, 2012
Please note that on April 17, 2012, the D.C. Circuit Court of Appeals enjoined enforcement of the NLRB's Notice Posting Rule pending its decision on appeal. Accordingly, this article is out of date. To read about the D.C. Circuit injunction, click here.
Introduction
Many non-union employers mistakenly believe that the National Labor Relations Act (“NLRA”) does not apply to their workforce. The NLRA covers most private sector-employers and guarantees the right of employees to organize and bargain with their employer and engage in other protected concerted activity. Effective April 30, 2012, the National Labor Relations Board (“NLRB”), the federal agency created by Congress to administer the NLRA, requires most private-sector employers to post a notice advising employees of their rights under the NLRA.
The NLRA Notice
The NLRA notice advises employees about their respective rights under the NLRA and provides specific examples to employees about unlawful employer and union conduct. In addition, the notice gives employees information on how to contact the NLRB to file a complaint or inquire about additional information regarding their rights under the NLRA. To review a copy of the notice, click here.
Most Private-Sector Employers Must Post Notice
The notice must be posted where other workplace notices are customarily posted for employees. Employers who post workplace rules and policies on an internet or intranet site should also post the notice on those sites, in addition to a physical posting. Employers may also be required to post the notice in non-English language if at least 20% of its workforce is not proficient in English and speaks another language. Failure to post the notice may constitute an unfair labor practice in violation of the NLRA.
For more information about the new notice requirements or any other aspect of the NLRA, contact one of the employment law attorneys of Trepanier & MacGillis P.A. at 612-455-0500.
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About the author:
Trepanier & MacGillis P.A. attorney Michael L. McCain focuses his practice primarily on labor and employment law. Mike can be reached at 612-455-0504 or mmccain@trepanierlaw.com Mike has a special interest in representing restaurants, bars, and other hospitality establishments in their labor and employment law matters, including wage and hour practices such as overtime pay, minimum wage, wage deductions, and tip sharing. Mike is a member of the Minnesota Restaurant Association and the Richfield Chamber of Commerce.
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