On December 22, 2010, the National Labor Relations Board (the “Board”) issued a proposed rule requiring employers subject to the National Labor Relations Act (the “NLRA”), which is the overwhelming majority of private sector businesses, to post a notice in conspicuous places, informing their employees of rights under the NLRA, together with NLRB contact information and basic enforcement procedure information. Thereafter, the 60-day period for public comments to the proposed rule was extended until March 23, 2011, with the Board deciding to accept all comments that it received by that date. The Board received more than 7,000 comments. The Board issued, on August 25th, a final rule requiring the posting. The rule is to be included in the Federal Register on August 30th. It takes effect 75 days later.
Therefore, employers, both union and non-union, must begin posting the required notice on November 14, 2011. Federal contractors will be deemed to have complied with this requirement by posting the notice of employee NLRA rights that is already required by the Department of Labor under 29 CFR Part 471.
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