The National Labor Relations Board issued a final rule that will require all employers subject to the National Labor Relations Act (NLRA), which includes almost every private employer, to post a notice in the workplace about the right to organize a union under the NLRA. The rule requires employers to notify employees of their rights under the Act by Nov. 14, 2011. A fact sheet with further information about the rule, copies of the notice, and information on compliance is available on the NLRB website.

The Coalition for a Democratic Workplace (CDW) filed comments on the NLRB’s proposed rule on Feb. 22, 2011. A few of the important arguements made in the comments included that the notice is unnecessary, biased and beyond the Board’s authority to require. ARA is a member of the CDW. While CDW is still reviewing the rule, it appears the Board recently made a few modest changes to the rule. For example, it dropped the requirement in the proposal that employers must “distribute the posting by email, Twitter or other electronic means.” However, the rule still requires every covered employer to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there.

For more information, contact Richard Gupton at (202) 457-0825 or