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01/06/12


Darla McClure publishes MC SHRM Legislative Affairs Update for January 2012

By: Darla J. McClure

Publication Name:

Montgomery County Society for Human Resource Management (MCSHRM) Chapter Newsletter

Media Type: Publication

Most Private Sector Employers Required to Post NLRA Notice

Effective January 31, 2012, (UPDATE– Extended until April 30, 2012) most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act (“NLRA”). The NLRA guarantees the right of employees to organize and bargain collectively with their employers and to engage in other protected concerted activity. An employer should post this poster at their worksite in the same place as other federal posters advising employees of their rights. This notice must be in both English and in another language if at least 20% of employees are not proficient in English and speak the other language. The notice must be 11 x 17 inches in color or in black and white and can be downloaded and printed by going to www.nlrb.gov/poster.

The National Labor Relations Board (“Board”), the agency which enforces the NLRA, does not audit workplaces or initiate enforcement actions on its own, and does not have the ability to assess fines or penalties. Notwithstanding, it should be noted that a failure to post the notice could be brought to the Board’s attention by a charge filed by an employee, union or other person. Typically, if unaware of the requirement to post this notice, the Board would advise the employer of the requirement and the employer would comply without further action needed. However, if an employer knowingly and willfully fails to post the notice, that failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.

This issue of the MC SHRM Newsletter is available online.

This article is reprinted with permission from MC SHRM.


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