NLRB FINAL RULE 
NLRB FINAL RULE REQUIRES EMPLOYERS TO POST BIASED LABOR RIGHTS NOTICE (08/25/2011)
 The National Labor Relations Board (NLRB) Aug. 25 issued an advance copy of its final rule to require any employers subject to the National Labor Relations Act (NLRA), including employers in the construction industry, to display a poster in their workplaces that contains a select list of employee rights under the NLRA.

The rule officially will be published in the Federal Register Aug. 26 and will go into effect 75 days from the publication date. An NLRB fact sheet, intended to answer general questions regarding the rule, is available on the NLRB website.

While it appears the NLRB did make some modest changes, including dropping a requirement that employers "distribute the posting by email, Twitter or other electronic means,” the rule still requires employers to the display a biased notice listing only select employee rights. Employers must post a physical copy of the notice at worksites, in addition to posting an electronic copy on internet or intranet sites in cases where personnel rules and policies are customarily posted in such places.

In February, ABC filed comments in strong opposition to the board’s proposed rule, arguing that the poster itself lacked balance and that the requirement was unnecessary and beyond the Board's authority. ABC ultimately asked that the proposal be withdrawn entirely.

As with most key decisions and proposals from the NLRB issued this year, Board Member Brian Hayes (R) dissented, while Board Chairman Wilma Liebman (D), and Members Mark Pearce (D) and Craig Becker (D) approved the final rule.

ABC in the process of reviewing the rule in greater detail will continue to issue updates on any new developments through the ABC National Newsline.
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