The National Labor Relations Board issued a final rule on August 25, that now requires most employers to post a notice by 14 November 2011 that makes employees aware of their rights under the National Labor Relations Act (NLRA). The notice includes information about employees’ rights under the NLRA and avenues of recourse for violations of the Act.

The NLRB has recently ruled that the failure to post the notice is an unfair labor practice, can toll the statute of limitations for filing a charge against the employer and in the case of a “willful” failure, can be evidence of unlawful motive in related ULP case(s).

Only a few employers are exempted from the posting requirement; namely the U.S. Post Office, state or political subdivisions, labor organizations, and federal contractors already posting a similar notice under E.O. 13496 (see 29 CFR Part 471). You will have to post the notice on your Intranet, if that is your normal method of communicating with employees.

If you think this requirement doesn’t apply to you then you are probably wrong. Do not make the common mistake of assuming that this does not apply to your organization if you have no labor unions. A NLRB press release contains links to full text of the final rule and the E.O. 13496 poster.