NLRB Says Employers Must Notify Workers Of Right To Unionize

Last week, the National Labor Relations Board (the "NLRB") issued a final rule requiring that all employers covered by the National Labor Relations Act post a notice informing employees of their right to organize. The new rule also sets forth a list of various types of unlawful employer conduct. It will be an unfair labor practice if an employer fails to post the notice. The requirement to post is effective on November 14, 2011.

Prior to the new rule, employers were required to post notices of workers' rights only if a violation of labor law occurred. Interestingly, labor organizations are not required to issue information about the rights to refrain from joining a union and to opt out of union dues obligations. Not a particularly equal playing field, eh? If the government is going to require employers to post a notice of workers' rights, then the notice should cover all such rights, not just the ones favorable to organized labor.

This is an important development in the field of labor relations as posting of the notice may give rise to an increase in union organizing campaigns, thereby increasing employer costs in a variety of areas. Presumably, a form notice will be available for posting from the NLRB. We shall see.