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Federal Posting Requirement: Employee Rights Under the National Labor Relations
As of November 14, 2011, all employers subject to the
National Labor Relations Act ("NLRA") must post a notice in a conspicuous place
informing employees of their rights under the NLRA. The notice, which will be
drafted and published by the National Labor Relations Board ("the Board") and
will identify itself as a government publication, provides employees with a
summary of their rights under the NLRA along with illustrative examples of
general circumstances that violate those rights. Additionally, the notice
contains information about the Board's jurisdiction, contact information for
the Board, a description of basic procedures used to enforce NLRA rights, and
information about filing a charge with the Board. The notice also informs
employees of the six month statute of limitations for filing a charge with the
Board and advises employees to contact the Board with specific questions.
Finally, the notice affirms that unlawful conduct will not be permitted and
that the Board will prosecute violators.
The Board recently adopted this new posting requirement
because of a belief that many employees protected by the NLRA are unaware of
their rights under the act and the Board believes that the new posting will
inform employees of their NLRA rights. Therefore, in addition to requiring
posting in a conspicuous place, the Board requires that the notice be posted in
every language spoken by at least 20 percent of the employer's work force.
Additionally, employers who customarily post notices to employees on an
internet or intranet site are required to post an electronic copy of the
Board's notice on those sites as well. Furthermore, if an employer has remote
or referral work sites, a copy of the notice must be posted at each remote or
referral work site if at all possible.
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Copyright 2011 • Babst, Calland, Clements and Zomnir,
P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Employment
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for the general information of its clients, friends and readers. It is not
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Employment Bulletin, consult legal counsel.
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