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National Restaurant Association - NLRB overrides employer concerns, mandates new workplace poster

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NLRB overrides employer concerns, mandates new workplace poster

Despite strong and widespread concerns from the business community, the National Labor Relations Board announced Aug. 25 that starting in mid-November it will require nearly all private-sector employers to post a new federal workplace notice detailing employees' rights under the National Labor Relations Act to organize unions.

The mandate to post the new 11" x 17" poster will take effect Nov. 14, 2011, the agency says. Failure to post the notice could constitute an "unfair labor practice" under the National Labor Relations Act. The NLRB says it will not initiate enforcement action on its own for an employer's failure to post a notice but could investigate cases based on complaints by employees or other parties.

The National Restaurant Association and more than 30 state restaurant associations filed comments with the NLRB in February objecting to the proposed poster mandate, noting that the mandate was another example of how an activist NLRB was taking steps to make it easier for unions to organize businesses. The proposed mandate would also create a new source of litigation for trial attorneys, the NRA noted in February.

The NLRB says it will make posters available starting Nov. 1, 2011. Employers will be able to download the poster from the NLRB site or order it from an NLRB office.

Read the NLRB's regulation and Q&A on the new mandate. Stay tuned for further analysis from the NRA on the poster requirement.

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