New NLRB Posting Requirements for Employers Effective April 30, 2012

Previous CareConnection’s articles have reported on new posting requirements from the National Labor Relations Board (NLRB) informing employees of their rights under the National Labor Relations Act (such as the right to form a union, etc.).  While the effective date for private sector employers to post 11x17 posters was delayed by NLRB in the past, it now appears that this new posting requirement will be effective April 30, 2012.  The posting requirement applies to virtually all private sector, for-profit and not-for-profit nursing facilities and assisted living communities.

While the NLRB won’t be inspecting worksites to see if they have appropriately displayed the new posters, others can bring an employer’s failure to post to the NLRB’s attention.  The NLRB has stated on its FAQ website that in most cases, they will assume that the employer was unaware of the posting requirement and, if corrected immediately, will not take further action.  However, the NLRB website also states, “If an employer knowingly and willfully fails to post the Notice, that failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.”

The notice on the NLRB website  contains the common links members may need regarding the new posting requirements, including the rule requiring the posting, Frequently Asked Questions, and a link to the mandated poster.