NLRB Issues Final Rule Requiring Employers to Post a Notice of Employee NLRA Rights

By: Robert J. Orelup

On August 25, 2011, the National Labor Relations Board (“Board”) issued a Final Rule that will require all private sector employers subject to the Board’s jurisdiction to post a notice of employee rights under the National Labor Relations Act (“Notice”) as of November 14, 2011.

This Notice is similar to the one previously required by the U.S. Department of Labor for federal contractors, and informs employees of certain workplace rights, including but not limited to the right to (1) form or assist a union; (2) bargain collectively with their employer over wages, hours, and other working conditions; (3) discuss terms and conditions of employment with co-workers or union representatives; (4) picket and strike (depending on purpose and means) and/or (5) decide not to do any of these activities, including joining or continuing as a member of a union.

Covered employers will be required to post the Notice where other HR or personnel policies are typically posted in the office, including any intranet or internet site where such workplace policies are typically posted as well.

This Notice will be made available to employers at no charge by the Board’s Regional Offices and can also be downloaded from the Board website beginning on or before November 1, 2011.  In addition, the Board has issued a fact sheet to provide more information and answers to some common questions you may have regarding the Notice requirements, application and penalties for non-compliance.

Employers not only need to comply with the Notice’s posting requirements, but they should also take this opportunity to prepare and train their managers and supervisors as to how to effectively respond to any questions regarding unionization by their employees that may likely result from the posting of this Notice.

For additional information, please contact the DSV Labor & Employment Group of Drewry Simmons Vornehm, LLP via telephone (317) 580-4848, or contact Bob Orelup ( directly via email. 

For more information about our law firm, please visit