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NLRB Developments

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On Aug. 25, the National Labor Relations Board (NLRB) issued its final rule to require that employers covered by the National Labor Relations Act (NLRA) post a new notice of labor rights. By Nov. 14, 2011, any NLRA-covered employer must display a poster in the workplace, plus post the notice on its intranet, if that's where it normally displays workplace policies.

The original proposed rule was issued in December 2010. In comments submitted back in February and joined by 15 SHRM state councils and 13 chapters, SHRM suggested several changes to the proposed rulemaking and urged the Board to withdraw its proposal arguing the agency lacked the statutory authority to issue such a requirement.  One such change to the draft rulemaking ultimately adopted by the Board was SHRM’s recommendation that employers not be required to distribute any posting notice via e-mail, voice mail, text messaging or related electronic communications.

Due to the questionable legal authority to require such a posting, challenges to the rule are likely. The NLRB revealed that it received 7,034 comments to the rule – the majority in opposition.

In the meantime, the NLRB has provided a question-and-answer page in an attempt to address issues about the final rule. If you have other questions on this rule, please contact SHRM’s Senior Government Affairs Policy Counsel, Nancy Hammer.

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