The National Labor Relations Board wants employers subject to the National Labor Relations Act to post a notice to its employees. What does this mean for your company?

The regulation is merely “proposed” at this point, but as we believe it will be implemented, it is worth going through it quickly.

Are you covered by the proposed regulation?

Probably yes. The regulation states that it applies to any employer except:

1. The United States or any wholly owned Government corporation,
2. Any Federal Reserve Bank,
3. Any State or political subdivision thereof,
4. Any person subject to the Railway Labor Act,
5. Any labor organization (other than when acting as an employer),
6. Anyone acting in the capacity of officer or agent of such labor organization,
7. Any employer employing exclusively workers who are excluded from the definition of employee (e.g., agricultural laborers, supervisors, independent contractors, or anyone employed in the domestic service of any family or person at his home, or by his parent or spouse, or by an employer subject to the Railway Labor Act), or
8. Any entity whose impact on interstate commerce is so slight that they do not meet the Board’s discretionary jurisdiction standards.

Note: If you are a federal contractor complying with the posting requirements of the Department of Labor, 29 CFR Part 471, that will satisfy this regulation.

What will the notice say?

The Notice describes the employees’ rights under the law to organize and collectively bargain with employers and to engage in other protected concerted activity. In short, it describes their right to unionize.

How will it have to be said?

You will be required to post a color poster of not less than 11×17 in conspicuous places where such notices to employees are customarily posted. You should be able to download a poster from the NLRB’s website, provided you can print in color and on large enough paper. If you routinely communicate with your employees via electronic means, including an intranet, this posting must be likewise disseminated. If you have a significant number of non-English-speaking employees, you must also post in their language.

We should know more later this Spring.

By Kristen L. Brightmire, kbrightmire@dsda.com