Publications
Final Rule Requires Employers to Post Employee Rights Under NLRA
06/18/2010
On May 20, 2010, the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS) published its final rules implementing Executive Order 13496, which was signed by the President in the beginning of 2009. The rule requires certain federal contractors and subcontractors to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The final rules set forth the content of the required notice, provide guidance on how the notice is to be posted, identify which federal contractors and subcontractors are required to post the notices, and explain how the Department of Labor will enforce the posting requirements. The previous version of the poster, known as the Beck poster, required federal contractors to post workplace notices informing employees of their right to not join a union.
Specifically, federal contractors and subcontractors are required to post the notice conspicuously in plants and offices where employees covered by the NLRA perform activity, including all places where notices to employees are customarily posted. Moreover, federal government contracting departments and agencies must include provisions requiring contractors to post the prescribed notice in every government contract. Government contractors must also include provisions requiring posting of the prescribed notice in all subcontracts.
Generally speaking, the notice advises employees of their rights to form, join, or assist a union; to bargain collectively; to discuss terms and conditions of employment with co-workers or a union; to engage in concerted activities with co-workers; and to strike and picket. The notice also informs employees that they should contact the National Labor Relations Board if they believe their rights or the rights of others have been violated.
Enforcement of the new posting requirement will be undertaken by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). If a complaint investigation or compliance evaluation indicates noncompliance with the requirements of the final rules, the OFCCP will attempt to secure compliance through conciliation. If that process is unsuccessful, the OFCCP will refer the matter to the OLMS to commence administrative enforcement proceedings.
Notably, this posting requirement marks the first time that employers have been required to post a notice fully summarizing employee rights under the NLRA. By providing employees with this required information about rights and unlawful practices under the NLRA, employers should be prepared to address increased employee inquiries and challenges to employer’s policies and practices. Also, in light of the new posting requirement, non-unionized employers in particular should review their employment policies and practices to make sure they comply with the NLRA.
A copy of the new poster may be found at http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf. The new poster must be posted by June 21, 2010.
