• Private employers must notify employees of their right to unionize

  • Private employers must notify employees of their right to unionize
    As of November 14, 2011, most private employers must notify employees of their rights under the National Labor Relations Act, according to a Final Rule issued by the National Labor Relations Board (NLRB) this week.

    While the NLRB has not yet released a copy of the required notice, it has stated that the notice will be similar to one already required by the U.S. Department of Labor for federal contractors. That notice states that employees have the right to:

    • Organize a union to negotiate with their employer.
    • Bargain collectively with their employer for wages, benefits and hours.
    • Take action to improve working conditions.
    • Strike and picket.
    • Refrain from any of the above activities.

    In addition, the notice will provide examples of unlawful employer conduct and instruct employees how to contact the NLRB for further information or with complaints.

    According to the NLRB, copies of the required notice will be available on its website and from regional offices by November 1, 2011. Employers must post the notice where other workplace notices are typically posted, including on an Internet or intranet site. Also, employers may be required to post the notice in non-English languages depending on the composition of their workforce. Failure to post the notice may constitute an unfair labor practice.

    The following notice and Q&A can also be found on the NLRB website at www.nlrb.gov/news-media/fact-sheets/final-rule-notification-employee-rights.

    Article provided by Jonathon Naples and Jennifer Ives, Leonard, Street and Deinard.  For more information, contact Jonathon.naples@leonard.com, Jennifer.ives@leonard.com or www.leonard.com.You also can visit the NLRB website for additional background information and answers to some frequently asked questions.