READ ABOUT: Details regarding NLRB posters

By Rudman Winchell Attorney

To post or not to post, that is the question…

Okay, so this is not exactly the question that William Shakespeare pondered at length in Hamlet, but if he were practicing law in the United States in 2012, perhaps the soliloquy would have turned out differently.

The question facing the modern business today is when to post the new poster mandated by the National Labor Relations Board by virtue of a regulation it promulgated on August 30, 2011. I say “when” rather than “if” because certain employee rights established by the National Labor Relations Act (29 U.S.C. § 151, et seq.) apply to private employers subject to the Act regardless of whether its workforce is organized into a union– Ay, there’s the rub.

Initially, the new poster was to have been posted by November 14, 2011. The NLRB delayed implementation of the regulation until January 31, 2012 to allow for additional outreach and education. The implementation date has again been postponed; the new deadline is April 30, 2012. The Board’s notice indicates that the extra time is necessary to facilitate the resolution of legal challenges that have been filed. Whether ‘tis Nobler in the mind to post the poster prior to the deadline is within your discretion.

The poster will have to be posted in conspicuous places, the same as where other workplace rights notices and company notices concerning personnel rules or policies are customarily posted– not in some undiscovered Country. This includes an intranet if other personnel rules are also posted electronically.

Substantively, the poster informs employees of their rights to form or join a union, discuss wages and benefits and other terms and conditions of employment with co-workers, and engage in other protected concerted activity, or in other words, to take [legal] Arms against a Sea of troubles, And by opposing them end them. It also provides contact information for the NLRB in case an employee believes his or her rights have been violated, short of taking Arms.

The poster may be downloaded in multiple languages for free from https://www.nlrb.gov/poster.

See also http://en.wikipedia.org/wiki/To_be,_or_not_to_be

Disclaimer


These materials have been prepared by Rudman Winchell for educational purposes only. They should not be considered legal advice. The transmission of this information to you is not intended to create a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel. You should not send any confidential or private information to Rudman Winchell until a formal attorney-client relationship has been established, in writing.