Q & A #2 for New Mandatory Federal NLRA Poster

Here are more answers to questions you may have about the new required NLRA poster (National Labor Relations Act), which most private employers must post by Nov. 14  to notify their  employees of their rights under the NLRA.

Q:   Have there been any legal or legislative challenges to the NLRB (National Labor Relations Board) regarding the new posting requirement?

A:   Yes.   Currently there are three lawsuits that have been filed against the NLRB in federal court (by the National Association of Manufacturers, the U.S. Chamber of Commerce and the National Federation of Independent Businesses) requesting that the posting requirement be rescinded.   In addition, two bills with the same goal have been introduced in the U.S. House of Representatives.

Employers will still be required to post the new NLRA poster beginning Nov. 14, unless the courts or a new law rescind the poster requirement.

Q:   Does the poster have to be a specific size?

A:  Yes.   The poster must be 11″ x 17″ and follow the same format and fonts as the original notice issued by the NLRB.   Our new federal poster will meet all of the posting requirements.

Q:   Are there specific industries that do not have to post the new poster?

A:   According to the NLRB, agricultural, railroad and airline employers are excluded from the NLRA.

Q:   Are there any other exceptions to the posting requirement?  

A:   Yes.  The rules about the NLRB’s jurisdiction are complex and may depend on the type of business involved.   Specific information can be found in the NLRB Final Rule, in Section 104.204, titled “What entities are not subject to this part?”

Q:   Where must the new poster be posted?

A: Private employers must post the new federal labor law poster where other workplace notices are typically posted.

Q:   Is there an electronic notice requirement in addition to the posting requirement?

A:   Yes.   In addition to physical posting, employers who customarily post personnel rules and policies on an intranet or internet site must also post the new poster there.

Q:   Are there any penalties for not posting the new NLRA poster?

A:   There are no fines for not posting.   However, failure to post the notice may be treated as an unfair labor practice under the NLRA, according to the NLRB.

For further information about our federal labor law poster or to learn more about our OneSystem 1-Year Compliance Plan with automatic updates, go to the federal labor law poster page or call Poster Compliance Center at 1-800-322-3636.