Client Advisory: National Labor Relations Board (NLRB) Required Posting

Client Advisory: National Labor Relations Board (NLRB) Required Posting

October 2011

Prepared by the HR Support Center

Effective November 14, 2011 the National Labor Relations Board (NLRB) final rule requiring employers to notify employees of their right under the National Labor Relations Act (NLRA) goes into effect.

Private-sector union and nonunion employers are required to post a government notice informing employees of their legal rights under the NLRA. The notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities if they wish.

The NLRB recommends that employers review certain HR policies to determine if any of their policies inadvertently violate the NLRA.

Some policies that may need review include the following:

* Some employers have policies prohibiting employees from speaking to the media with prior authorization by management. The NLRB has held, however, that some of these policies are unlawful. They “chill” employees’ statutory right to publicize their grievances, according to the Board.

* Many companies have begun to implement social media policies prohibiting employees from disparaging the employer on social media sites. The Board has ruled that many of these policies violate the NLRA.

* Confidentiality policies of numerous businesses prohibit employees from discussing their wages with co-workers or outsiders. Employers also may need to modify these policies to avoid running afoul of the NLRA. Indeed, the new NLRB notice expressly advises employees that they have the right to discuss their wages with co-workers and unions. An organization’s failure to rescind or revise such a policy would be viewed as an unfair labor practice and be considered willful non-compliance with the Notice.

We recommend clients consider the following actions before the November 14 required posting date.

1. Review HR Policies for NLRA compliance;

2. Determine an appropriate compliance plan, including indentifying where and how the notices should be posted and whether the law requires internet or intranet posting.

3. Train supervisors on how to lawfully and appropriately respond to employee questions about the Notice;

The current employee rights poster can be accessed at the following site

Please contact BASIC HR Services by phone 888-472-3652 or by email, if you need assistance in implementing NLRA or reviewing your HR polices.