Beginning January 31, 2012, all employers covered by the National Labor Relations Act (the “NLRA”) will be required to post an “Employee Notice of NLRA Rights.”
Public employers, such as special districts, are excluded from the NLRA. However, SDA’s private-sector Associate Members may fall within the NLRA’s jurisdiction, depending on the dollar volume of business the company generates. Therefore, law firms, engineering companies, accounting firms, and others should take notice of the new poster requirement.

This NLRA Rights poster highlights that employees have the right to act together and bargain collectively to improve wages and working conditions, or to refrain from such activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the National Labor Relations Board (the “NLRB”) with questions or complaints. Labor and employment lawyers predict that the new Notice will likely result in an increase in unfair labor practice charges filed with the NLRB. In general, the new rule has not been well received by the business community.

The new poster may be downloaded from www.nlrb.gov/poster. It must measure 11”x 17” and should be displayed in the same “conspicuous” place that other workplace notices are customarily posted.

The NLRB does not audit workplaces or initiate enforcement actions on its own, nor does it have the authority to levy fines. So any failure to post the Notice would need to be brought to the NLRB’s attention in the form of an unfair labor practice charge by an employee, union, or other person.

Please consult competent legal counsel if you need help determining whether the amount of goods sold or services provided by your company is sufficient to trigger the NLRB’s jurisdictional thresholds.