Over the past year, we have been providing regular updates on the notice posting rule recently finalized by the National Labor Relations Board (Board). As you will recall, the new notice posting rule requires private-sector employers to post a notice advising employees of their rights under the National Labor Relations Act (Act). Most recently, on September 9, 2011, we informed you about a guidance memorandum issued by the Board regarding the Board’s notice posting rule. (To read the full text of our September 9, 2011 alert, click here.)

As anticipated, the Board has released the required notice, which is now available for download from the Board’s website (http://www.nlrb.gov/poster). Employers have the option of downloading, printing, and posting an 11 x 17 inch poster or downloading two 8.5 x 11 inch panels that can be taped together. The notice must be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. Employers may post black-and-white reproductions of the notice and may use combination notices consolidating information about various federal laws on a single document as long as the size, format, content, size and type style of the Board’s notice remains unchanged.

Copies of the Board’s notice will soon be available without charge from any NLRB regional office. Foreign language versions will be posted on the website and available from the NLRB regional offices as they become available. The notice posting rule takes effect on November 14, 2011.

In addition to posting this notice in conspicuous places where the employer posts other government notices, employers who post their personnel policies online must post this notice online with those policies. However, an employer may post its own non-union philosophy statement adjacent to both bulletin board and online Board postings. We encourage you to contact labor counsel to assist you in drafting an appropriate non-union philosophy statement.