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NLRB Posting Requirement: Employers do not have to have a union for this to be applicable.

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule addressing “Notification of Employee Rights under the National Labor Relations Act. Employers covered by the National Labor Relations Act must post an 11 x 17 inch notice effective November 9, 2011.

The notice must be posted at “conspicuous places…readily seen by employees, including all places where notices to employees…are customarily posted,” any employer that “customarily communicates” via intranet or internet with its employees as to “personnel rules or policies” must display an exact copy of the Notice on such site(s), or a link to the NLRB’s web site which reads, “Employee Rights under the National Labor Relations Act.”

The notice generally advises employees about unions, but it also alerts employees with regard to protected concerted activities such as complaining about the terms and conditions of their employment.  The final rule states that a failure to post the notice may be evidence of anti-union motivation in any NLRB proceeding
where motive as an issue and would likely extend the limitations period for filing an unfair labor practice charge.


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