On September 14, 2011, the National Labor Relations Board (NLRB or Board) made available its poster on employee rights which most private sector employers must post in the workplace, as described in our September 2 Alert. A thorough description of the Posting Rule requirements and its applicability to employers can be found in our September 2 Alert, which you can find here. The notice must be posted by November 14, 2011.

Both the one-page, 11-by-17-inch notice and the two-page, 8.5-by-11-inch notice are available for employers to print. If an employer uses the two-page notice, the pages should be taped together. Free copies of the Notice are also available on request from any NLRB regional office.

Employer must post this notice by November 14, 2011 in conspicuous places where other personnel rules and/or policies are posted. Employers who typically post personnel rules and policies on an internet or intranet site must also post this notice on the site. Employers are not required to distribute the notice by other electronic means including e-mail, Twitter, etc.

Employers whose workforce includes at least 20 percent of employees who are not proficient in English and speak another language must post the notice in the second language. The Board has not yet issued translated notices. Employers who must post a translated notice should check the NLRB website closer to the November 14, 2011 deadline. If the Board does not issue a translation of the appropriate language, the employer will not be liable for non-compliance with this rule.

In light of this new posting obligation and the aggressive pro-union activity of the National Labor Relations Board, all employers must be mindful of the best practices to prevent unfair labor practice charges.

If you have questions about this new rule or about implementing preventative measures in your business to avoid unfair labor practice charges, please contact Sean P. Beiter (716.566.5409; sbeiter@goldbergsegalla.com), Rick Braden (716.566.5436; rbraden@goldbergsegalla.com); Matthew C. Van Vessem (716.566.5476; mvanvessem@goldbergsegalla.com), or another member of the Goldberg Segalla Labor and Employment Practice Group.