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NLRB Issues Final Posting Rule

By Bruce B. Deadman

On Aug. 30 the National Labor Relations Board published a final rule requiring that employers covered by the National Labor Relations Act (NLRA) post a new notice advising employees of their right to engage in collective bargaining activity. The rule states that by Nov. 14, 2011, all NLRA-covered employers must display the poster in the workplace. If an employer commonly posts notices on its intranet, the notice must be posted there as well. However, employers are not required to transmit the rule or poster by email or text messaging.

The NLRA applies to most private sector employers, not just those with unionized workforces. Generally, an employer is covered by the NLRA if it is a retail business with a gross income greater than $500,000 annually, with a more than minimal presence in interstate commerce, or is a nonretail business with at least $50,000 of direct or indirect inflow or outflow of goods or services across state lines. Public sector employers are not covered by the NLRA, and there are separate jurisdictional requirements for newspapers, health care organizations, and private educational institutions.

The NLRB has prepared a fact sheet, which may be found at

As discussed in previous Davis & Kuelthau Legal Updates, this rule was not unexpected and was adopted despite considerable opposition from both the human resource and business communities. Numerous legal challenges are expected on the grounds that the Board lacks the authority to issue such rules. In the meantime, employers must comply with the new rule or face unfair labor practice charges. In addition, the Board may allow charges otherwise barred from the normal statute of limitations of 6 months to be filed late if an employer has not properly posted the notice.

For additional information, including a copy of the required posting, please contact your Davis & Kuelthau employment attorney.