This week’s question comes from Carl, a company owner.

Carl asks…

I heard there is a new poster about union rights. Our workplace is nonunion. If we don’t have employees who are union members, do we need to post the employee rights notice posting?

Answer: Employers with and without union workforces are required to post the notice because NLRA rights apply to union and non-union workplaces.

Posting Requirement to Begin November 14

As of November 14, 2011, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.

Failing to Post May Be Considered an Unfair Labor Practice

The National Labor Relations Board (NLRB) does not audit workplaces or initiate enforcement actions on its own. A failure to post the Notice would need to be brought to the NLRB’s attention in the form of an unfair labor practice charge by employees, unions, or other persons. In most cases, the NLRB expects that employers who fail to post the Notice were unaware of the rule and will comply when requested by a NLRB agent. In such cases, the unfair labor practice case will typically be closed without further action. The NLRB also may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer.

If an employer knowingly and willfully fails to post the Notice, that failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.

Be Protected Against Claims of Unfair Labor Practices

Join the Vision Payroll Poster Program today and receive a guarantee worth up to $25,000* against any government fine for a posting violation. You’ll receive a new version of our space-saving, full-color laminated posters as laws change. No hassle, no uncertainty, no research. Let Vision Payroll keep track of the changes and make sure you stay in compliance. Sign up TODAY!

*Our Poster Subscription Programs guarantee that you will have the most up to date State and Federal Labor Law posters. During the duration of your subscription, if you receive a posting violation while properly displaying the most current version of our posters, Elite Business Ventures will pay any fine imposed by a government agency, with the maximum amount of $25,000 due to improper content.