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Proposed National Labor Relations Board Posting Requirement

At the end of December, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule which would require employers subject to the National Labor Relations Act (“NLRA”) to post notices informing their employees about rights under the NLRA. The NLRA is the primary law governing relations between unions and employers in the private sector.

The Notice states that the NLRB “believes that many employees protected by the NLRA are unaware of their rights under the statute. The intended effects of this action are to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.” One member of the NLRB dissented; he does not believe that the NLRA provides the Board with “sufficient statutory authority for imposing such a notice requirement and sanctions for noncompliance.”

The proposed rule is similar to a rule recently adopted by the Department of Labor for federal contractors. A copy of the Board’s proposed rule may be found at <http://www.nlrb.gov/About_Us/news_room/Notice_for_Rulemaking/2010-32019_PI.pdf>. The public has until February 22, 2011 to comment on the proposed rule. Comments must be identified by 3142-AA07 and may be submitted electronically through http://www.regulations.gov or via regular mail to: Lester A. Heltzer, Executive Secretary, National Labor Relations Board, 1099 14th Street, NW., Washington, DC 20570.

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