New NLRB Posting Requirement Announced

September 8, 2011

On Aug. 25, the National Labor Relations Board (NLRB) issued a 45 page final rule requiring employers to hang posters notifying employees of their right to unionize. The poster must be 11 by 17 inches and can either be downloaded from the NLRB Web site or picked up at any regional NLRB office.  Copies of the notice will be available on the NLRB website and from NLRB regional offices by November 1.

The rule is set to take effect Nov. 14 and requires employees be notified only of their right to unionize—it says nothing of requiring employees to be notified of their right to decertify an existing union. Most companies will be subject to this new requirement. Failure to comply would constitute an unfair labor practice and be subject to sanctions.

In general, retailers with over $500,000 in annual revenues and non-reatilers with $50,000 or more in revenues or expenses are subject to the rule. There are, however, different thresholds for some types of businesses. Please click here to view the complete table of thresholds.

Where 20 percent or more of an employer’s workforce is not proficient in English and speaks a language other than English, the employer must post the notice in the language employees speak.

The final rule was approved by now former-Board Chairman Wilma B. Liebman, Mark Gaston Pearce and Craig Becker, with Brian Hayes dissenting. NLRB has compiled a fact sheet with additional information.

Despite the Obama Administration’s comments and efforts to address unfair and senseless regulations, this new regulation from NLRB is a perfect example of a senseless rule that will burden already-hurting small buisnesses, with negligible good coming out of it.  The NLRB effectively ignored its obligations under the Regulatory Flexibility Act, the Paperwork Reduction Act and Executive Order 12866 and Office of Management and Budget Circular A-4.

Click here for the text of the final rule. See page 54048 for the text of the notice.

According to NSBA’s Mid-Year Economic Report, regulatory burdens represent the fourth largest challenge to the future growth and survival of small firms—even before federal taxes and the national deficit—and it is growing. The number of small-business owners who picked regulatory burdens as a key challenge to the future growth and success of their business increased from 30 percent to 31 percent in the last six months.

Please click here for more on NSBA’s position on fair labor practices in the workplace.