Display new pro-union poster by Nov. 14

1. Does my company have to post the notice?

The posting requirement applies to all private-sector employers (including labor unions) subject to the National Labor Relations Act (NLRA), which excludes agricultural, railroad, postal and airline employers.  

2. There is no union in my workplace; will I still have to post the notice?

Yes. Because NLRA rights apply to union and nonunion workplaces, all em­­ployers subject to the NLRB jurisdiction will be required to post the notice.

3. I am a federal contractor. Will I have to post the notice?

Federal contractors are already required by the U.S. Department of Labor (DOL) to post a similar notice. A contractor will be regarded as complying with the rule if it posts this notice or the DOL notice.

4. I operate a small business. Will I have to post the notice?

The NLRB says the rule applies to all employers subject to its jurisdiction. However, the NLRB says it “has chosen not to assert its jurisdiction over very small employers whose annual volume of business is not large enough to have a more than slight effect on interstate commerce.” The jurisdictional standards are summarized in the rule.

5. How will I get the notice?

Free printed copies are available at NLRB’s headquarters or local offices. You can also download the poster at www.theHRSpecialist.com/unionposter or www.nlrb.gov/poster and print it out in color or black-and-white on one 11-by-17-inch paper or two 8-by-11-inch papers taped together. Or, employers can satisfy the rule by purchasing and posting a set of workplace posters from a commercial supplier.

6. What if I communicate with em­­ployees electronically?

In addition to the physical posting, the NLRB says the rule “requires every covered employer to post the notice on an Internet or intranet site if personnel rules and policies are customarily posted there. Employers are not re­­quired to distribute the posting by email, Twitter or other electronic means.”

7. If my employees speak a language other than English, will I still have to post the notice?

Yes. The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language. The NLRB will provide translations of the notice.

8. How will the NLRB enforce the rule?

Failure to post the notice may be treated as an unfair labor practice under the NLRA. The NLRB investigates unfair labor practice allegations made by employees, unions or others, but does not initiate enforcement action on its own.

9. Can an employer be fined for failing to post the notice?

No, the NLRB does not have the authority to levy fines.

10. What will be the consequences for failing to post the notice?

The NLRB says that it expects that, in most cases, employers that fail to post the notice are unaware of the rule and will comply when requested by an NLRB agent. In such cases, the unfair labor practice case will typically be closed without further action.

The board also may extend the six-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, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.