News

Mandatory NLRB Poster Now Available

The National Labor Relations Board’s new poster notifying employees of their rights under the National Labor Relations Act is now available.  The poster can be downloaded in either of two formats from the Board’s website at https://www.nlrb.gov/poster.  Printed copies are also available from the agency’s regional offices.  Virtually all private-sector employers – whether union or nonunion – must begin posting the notice as of Nov. 14, pursuant to a final rule issued by the Board on Aug. 30. The poster is currently available only in English.  The rule requires employers to post the notice in both English and a foreign language in workplaces where at least 20 percent of the workforce is not proficient in English.  However, the Board has said that it will provide translations in foreign languages and that, if an employer requests a notice in a language that is not available, the employer will not be liable for non-compliance until the notice does become available in that language.  For additional details about the new posting requirement, click here.  While the Board’s rule requires employers to post the specific language it has drafted and in the specific size and format it has designated, employers are free to post additional information alongside the required notice.  Some attorneys, vendors, and other parties have developed supplemental posters for such purposes.  (For one example, provided compliments of the law firm Ogletree Deakins, click here.)  AGC cautions members, however, to be careful to ensure that the content of any such communications is truthful and lawful, and that the communications are not made in a manner that could be deemed coercive.  Consultation with an experienced construction labor lawyer is advisable. The Board’s rule should not be confused with a rule issued by the Department of Labor (“DOL”) last year requiring a very similar posting by federal contractors.  The Board based its requirements on DOL’s rule, but made a few minor modifications to the language in the notice and eased up on some of the manner-of-posting requirements.  For example, DOL requires that the notice be posted in color, while the Board does not.  The Board’s rule includes a safe harbor for federal contractors in compliance with the DOL rule, so that federal contractors need only post the DOL notice – not both the DOL notice and the NLRB notice – at jobsites covered by the DOL rule.  AGC has reached out to its contacts at DOL to ask whether the agency will issue a similar safe harbor or enforcement policy for federal contractors in compliance with the Board’s rule, and was told that the agency is presently considering how to address the situation.  AGC will keep an eye on the matter and will inform members of any significant developments.  Until further notice, though, DOL will require federal contractors to post the DOL-issued labor laws notice. Several business groups – including the U.S. Chamber of Commerce, National Federation of Independent Businesses, and National Association of Manufacturers – have filed lawsuits challenging the Board’s rule.  Again, AGC will monitor these matters and inform members of any significant developments.  For now, though, the Board’s rule is the law, and employers should prepare to be in compliance, as directed, on Nov. 14. For more information, contact Denise Gold, Associate General Counsel, at (703) 837-5326 or goldd@agc.org.