Previously here on the Blawg we told you all about the new union rights posting requirement that goes into effect November 14. The new poster has now been released here. In case you missed it, the NLRB recently issued a final rule that will require private-sector employers to post a notice notifying employees of their rights under the National Labor Relations Act (NLRA). Here are the highlights. For more, check out the NLRB's press release and fact sheet. When does the rule go into effect? November 14. Does it apply to all businesses? Basically, yes. It covers union and non-union employees both large and small. The only exceptions are agricultural, railroad and airline employers not covered under the NLRA and the U.S. Postal Service. However, the NLRB indicated that it "has chosen not to assert its jurisdiction over very small employers whose annual volume of business is not large enough to have a more than a [sic] slight effect on interstate commerce." Where do I post it? The notice must be posted where other similar notices are customarily posted and must be posted on the employer's intranet/internet site if policies are customarily posted there. Employers aren't required to distribute the posting by email, Twitter or other electronic means. What if lots of my employees don't speak English? The NLRB will make translated versions available. Employers are required to post a translation if 20% or more of employees are not proficient in English. Is there a record-keeping requirement? No. The rule has no record-keeping or reporting requirements. What does the notice actually say? The notice states as follows: Under the NLRA, you have the right to: Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. Form, join or assist a union. Bargain collectively through representatives of employees' own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions. Discuss your terms and conditions of employment or union organizing with your co-workers or a union. Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union. Strike and picket, depending on the purpose or means of the strike or the picketing. Choose not to do any of these activities, including joining or remaining a member of a union. What if I don't comply? Failure to post the notice may be treated as an unfair labor practice under the NLRA. In most cases (at least initially), the NLRB plans only to contact the employer and notify them of the posting requirement. A knowing and willful failure to post, however, could be considered evidence of unlawful motive in a case involving other alleged NLRA violations. Can I be fined for non-compliance? No. The NLRB is not empowered to impose fines.
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