Effective November 14, 2011 virtually all employers which are not in the agricultural, railway or airline business will be required to post a notice advising their employees of their right to be represented by a labor union. If 20% or more of the employees speak a foreign language, the notice must be in the foreign language. It will be an unfair labor practice to fail to post the notice. Although the National Association of Manufacturers has filed a lawsuit in federal court in the District of Columbia to contest the NLRB’s authority to require the notice, the regulation currently remains in effect. The notice can be obtained here and can be posted as one 11×7 notice or two 8×11 pages.
Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert .