As is noted in a prior posting, the National Labor Relations Board (“NLRB”) has implemented a rule requiring most employers to post a notice of certain workers’ rights beginning November 14, 2011. This rule applies to most private sector employers, regardless of whether they are a union shop. The poster is now available for download at http://www.nlrb.gov/poster. Although this is certainly not a popular rule among non-union employers, there are two reasons to comply. First, a failure to post the notice after November 14 may in some cases result in the NLRB extending the normal six month statute of limitations for filing a charge alleging unfair labor practice. Thus, employers will gain certainty and closure by complying with the posting requirement. Second, depending on other circumstances, a failure to post the notice could be interpreted by the NLRB as evidence of unlawful motive in a case involving other alleged unfair labor practices.
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