Employee Rights Under the National Labor Relations Act


The National Labor Relations Board (NLRB) has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act (NLRA) as of April 30, 2012. Private sector employers whose workplaces fall under the NLRA will be required to post the employee rights notice where other workplace notices are typically posted. The posting requirement applies to private employers of any size other than agricultural, railroad, and airline employers. Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the NLRB notice on those sites. The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language.

The notice, which will be similar to the one required by the U. S. Department of Labor for federal contractors, will state 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. It will also provide examples of unlawful employer and union conduct and will instruct employees how to contact the NLRB with questions and complaints. Failure to post the notice may be treated as an unfair labor practice under the National Labor Relations Act.