Tuesday, July 14, 2020

NLRB Postpones Deadline for Notice

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As we explained in our August 2011 Compliance Alert, the National Labor Relations Board (NLRB) has ordered the vast majority of private-sector employers to post a notice informing employees of their rights under the National Labor Relations Act.  Originally, the deadline for posting this notice was November 14, 2011.  In more recent guidance, however, the NLRB has postponed this deadline to January 31, 2012.  No other changes in the posting rule, or in the form or content of the required notice, have been made.

The purpose of the notice is to inform employees of their rights to organize, form, join, or assist a union; to bargain collectively with their employer; and to discuss their wages, benefits, and other terms and conditions of employment with their co-workers or a union.  The new rule covers not only union workplaces, but non-union workplaces, as well.

The rule poses new challenges for non-union employers and makes it harder for all employers to defend themselves against allegations of unfair labor practices.  For example, an employer's failure to properly comply with the rule will toll the six-month statute of limitations for filing a charge against the employer for unfair labor practices.  Moreover, an employer's knowing violation of the rule may be used against the employer as evidence of unlawful motive in anti-union discrimination and other unfair labor practice litigation.

Most private sector employers will be required to post the 11-by-17-inch notice, which is available at no cost from the NLRB through its website.  Employers who typically post personnel rules and policies on an internet or intranet site should also post the notice there, in addition to a physical posting.  Employers are not required to distribute the posting by e-mail or other electronic means.

Denise Portnoy, Associate
Spencer Fane Britt & Browne, LLP


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