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Last August, the National Labor Relations Board (NLRB) passed a rule requiring employers to post a notice explaining workers’ rights under federal law to act together to improve their wages and working conditions without being subject to discipline by their employer. The posting developed by the NLRB explains, for example, that employees have a right to:

· Form, join or assist a union.

· Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.

· Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.

The deadline for posting the notice was set for January 1, 2012, but was delayed to April 30, 2012, after the National Association of Manufactures filed suit against the NLRB claiming it did not have the authority to require the posting by employers.

On March 2, 2012, the U.S. federal district court issued an opinion finding that the NLRB’s rule requiring posting is a lawful and a reasonable means of promoting awareness of employee rights. The Court found invalid an additional NLRB rule that would have made an employer’s failure to post the notice an automatic unfair labor practice; the Court found such violations require a case-by-case determination.

The posting of the NLRB notice at workplaces is important to spread awareness of workers’ basic rights to act collectively. The posting confirms that the law provides important protections and can give employees greater confidence to act together to secure to secure improved wages, benefits, or working conditions. After April 30, 2012, if the notice is not posted in your workplace, you can call the NLRB regional office (414) 297-3861 for assistance.

The poster can be found at https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_fnl.pdf

Barbara Zack Quindel

Shareholder at Hawks Quindel, S.C.
Barbara Zack Quindel has practiced labor and employment law for over 35 years, working with both Wisconsin labor unions and individual employees to get their work-related issues resolved. A passionate advocate for employee rights, she is well-respected and consistently included in the Best Lawyers in America and Wisconsin Super Lawyers.