NLRB Considers Workplace Posting Requirement for All Private Employers as Federal Contractor Notice Requirement Celebrates Its One-Year Anniversary

July 6, 2011, 8:27 AM

Consistent with previous postings on this blog regarding the stronger positions the National Labor Relations Board (NLRB) has been taking on social media and other workplace topics, the NLRB is considering a new workplace posting requirement for all private employers. The NLRB proposed the posting requirement, designed to inform private workplace employees of their rights to organize under the National Labor Relations Act, in late 2010. Citizens sent the NLRB over 7000 comments on the proposed posting requirement, which the NLRB continues to consider in light of all such comments. If this posting requirement is approved by the NLRB and authorized by presidential executive order, it will follow on the similar posting requirement imposed on all federal contractors and subcontractors as of June 21, 2010. That posting requirement, limited in scope to federal contractors and their subcontractors, informs employees of their rights under the NLRA to organize and bargain collectively and to engage in other protected concerted activity.

If you are a federal contractor or subcontractor, you may obtain your required poster from the Labor Departments Office of Labor-Management Standards (OLMS) at (202) 693-0123 or by clicking here. It is also available from the field offices of both the OLMS and the Office of Federal Contract Compliance Programs (OFCCP). The posting must be placed in conspicuous locations in plants and offices where employees covered by the NLRA perform contract-related activity. If a significant portion of your workforce is not proficient in English, you must provide the notice in the language that employees speak. The OLMS makes translated copies available. If a contractor or subcontractor posts notices to employees electronically, the NLRA rights notice must also be posted electronically by a link to the OLMS website. The link must be at least as prominent as other employee notices.

If you are a private employer who does not contract with the federal government, stay tuned for updates on whether the new NLRB posting requirement will be approved. --Anna Richardson Smith