NLRB: Private employers must post employees’ right to organize

The National Labor Relations Board has instituted a new law requiring all private employers to post information about an employees’ right to unionize. Here’s what you need to know about compliance and issues surrounding the new law:

 About the law

Effective November 14, 2011, private-sector employers will be required to post this information where other workplace-related information is typically posted. As a private-sector employer, you should…

  • Contact the NLRB or download the poster from their website to ensure that it is posted by November 14, 2011
  • Prepare to post the information on an intranet or employee internet if you typically post employee policies there
  • Determine what languages must be posted. If at least 20% of employees are not proficient in English, you must post it in another language.
  • Learn more about the law from the NLRB (

Issues surrounding the NLRB regulation

Although the law attempts to inform employees about their rights, this regulation is far too overreaching for the NLRB to enforce. The new law clearly places unionizing in a favorable light, and by requiring employers to post that information, they are asking them to promote the right to unionize.

This affects over six million employers and appears to force them to promote a pro-union sentiment in their organization. The government is inserting itself into private business matters for their own gain, which is a dangerous practice. On the other side of that coin, this enables employers to truly develop an effective, positive employee relations communication message that “you do NOT need a representative to deal with me – I will deal with you fairly as an individual, one-on-one.”

NLRB board member Brian Hayes rejects the law on the following grounds: “the Board does not have the authority to promulgate a notice posting rule, the rule is arbitrary and capricious in any event, and the rule is an improper attempt ‘to reverse the steady downward trend in union density among private sector employees in the non-agricultural American workforce.’ ” (adapted from Franczek Radelet, August 26, 2011).

At HR Resolutions, we agree with Mr. Hayes’ assessment of the new regulation. President Karen Young is an avid opponent of this law and determined to fight for your right as an employer. She will travel to Washington D.C. at the end of the month to voice her concerns. In the mean time, she highly recommends employers begin to develop their communication piece for employees where they emphasize their desire to remain union free and work one-on-one to help their employees with their issues and concerns

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