We all know that unions play a major role in professional sports. From the NBA’s shortened season to appeals over player fines and suspensions, it seems that wherever there is a ball there is a union.
Many non-unionized employers outside of sports are unaware, however, that their employees also have rights under the National Labor Relations Act (“NLRA”). Many of their employees likely do not know this either. This is about to change.
Effective April 30, 2012, most private sector employers will be required to post a Notice advising employees of their rights under the NLRA. This requirement is mandated by the NLRB. The Notice should be posted in a conspicuous place, where other employment law notifications and employer rules are posted. Employers also should publish a link to the notice on an internal or external website if they also post other personnel policies or workplace notices on the website.
The new posting requirement has withstood legal challenge. On March 2, 2012, a federal court upheld the authority of the NLRB to require the posting of the Notice advising employees of their rights under the NLRB. While failure to post the Notice will not itself likely be an unfair labor practice, 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.
Kenneth Winkler, a shareholder at Berman Fink Van Horn, helps employers navigate the employment laws and regulations that govern the workplace.
