U.S. Labor Board Issues Final Rule on Workplace Poster

 Last week the National Labor Relations Board (NLRB) issued its Final Rule requiring private sector employers to post a notice in each workplace informing employees of their rights under the National Labor Relations Act (NLRA).

This posting requirement applies to nearly all employers–including senior living providers- regardless of whether they have unionized employees. It goes into effect on November 14, 2011.

Employers who do not post the notice face various sanctions including:

Being charged with an unfair labor practice;
Charges may be brought against the employer at any time regardless of the normal 6 month statute of limitations
Failure to post may be cited as evidence of unlawful motive in other unfair labor practice cases.

The Assisted Living Federation of America (ALFA) submitted comments to the NLRB opposing the rule along with other businesses and organizations who believe the posting requirement was unbalanced and intended to encourage employees to join unions. ALFA also objected that the posting did not fairly alert employees to examples of union coercion and other unlawful union conduct. ALFA was disappointed but not surprised that the NLRB issued the rule. However, our comments were not ignored.
Throughout the comments the NLRB cited ALFA, in particular, a total of 11 times. In at least one place, page 89 of the Final Rule, the Labor Board adopted ALFA’s suggestion and decided to reword the notice to state “unions may not threaten or coerce an employee in order to gain support for a union.” Jackson Lewis LLP, our labor counsel, prepared ALFA’s comments to the NLRB.

ALFA has also submitted comments and briefs in opposition to other NLRB initiatives, including the Labor Board’s Proposed “Quickie Election” Rule, which could result in elections within two weeks of a union petition, and the NLRB’s consideration in Specialty Healthcare of smaller voting units to make it easier for unions to organize new members. Final action on these initiatives may be forthcoming in the next few months. For further details please refer to ALFA’s Labor Update.

ALFA will continue to consult with Jackson Lewis LLP, businesses, associations and other stakeholders on the new rule and other initiatives in order to provide timely guidance to our members.   

Read the NLRB Final Rule in its entirety.

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