Another NLBR Poster requirement for Employers

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The National Labor Relations Board, NLRB, is a United States federal agency that enforces the right of employees to organize and bargain collectively.

The NLRB investigates charges filed by employees and applicants against employers and unions. If they find cause, they also try the "Unfair labor practices". This is more advantageous than most EEO proceedings which are often tried privately and have greater costs for the employee/applicant.

There are regional NLRB offices throughout the nation. There are offices in Washington, DC and Baltimore locally.

The laws enforced by the NLRB involve protecting the rights of employees to organize and the right to "protected, concerted activity".

Protected concerted activity means that more than one employee act together to discuss or protest or bargain for employment wages and other terms and conditions or employment. It applies even if there are no unions or union organizing activities are involved.

"Protected concerted activity" can be a major unknown liability for small employers.


Recently the NLRB issued a final rule requiring all employers who come within the NLRB jurisdiction to post notices like the unemployment and discrimination notices in the workplace notifying employees of their rights under federal law.

While this Alert is not a substitute for legal advice, most employers will meet the revenue requirements for posting of notices.

For example service firms with at least $250,000 annually and retail stores with at least $500,000 and who are "in interstate commerce" are subject to the posting requirement. The notice must be posted by November 14, 2011.

Posters can be downloaded from the website at or ordered from the NLRB offices and will be available November 1, 2011. If you have an intranet, it must be also included in the intranet.

Failure to post the notice may subject an employer to an unfair labor practice charge by the NLRB, and in the appropriate case, toll the six month statute of limitations for an employee or applicant to file a complaint with the NLRB.

A copy of what the poster will look like with an with an overview of the rights of the employees is attached to this Alert, NLRB Notice of Employee Rights



Facebook, Twitter You Tube, blogging and many other websites provide all types of ways for individuals to communicate electronically.

While most outside of work activity is not actionable, if employees use these websites/social media to discuss working conditions, those discussions may be protected under the National Labor Relations Act as organizing or bargaining collectively.

Please contact our office if you are drafting policies or providing training that may involve social media or you have situations with employee issues and social media so that we may advise you to insure that you are in compliance with the law. Additional Information

This alert is not a substitute for legal counsel and is not intended to provide legal advise, services or a legal opinion. If you need help in developing policies which will enable you to be protected by the new federal provisions, please contact Rebecca N. Strandberg at 240-247-0675.Firm Email: [email protected]

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The IFA has joined in a lawsuit questioning the National Labor Board's jurisdiction in this matter.

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This page contains a single entry by Rebecca N. Strandberg published on September 20, 2011 8:23 PM.

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