As a follow-up to our EmployerLINC employment law update from October 17, 2011, as things stand right now, beginning on April 30, 2012, most private employers will be required to display pro-union posters in their workplace issued by the National Labor Relations Board, advising employees of certain rights, including their right to organize their workplace and join a union. This does not apply to public sector employees, employees of air and rail services who are covered under the Railway Labor Act, independent contractors, and some others.

Although the specific language mandated by the Labor Board for its poster is accurate, it does not clearly explain to employees their right to refrain from union activities. At the same time the poster requirement goes into effect, the Labor Board will be updating its website and disseminating information emphasizing the steps for employees to follow in order to unionize. We should anticipate that these activities may increase employees' interest in considering unionization this spring and summer.

Article Authored by McAfee & Taft Attorney: Charlie Plumb.