The National Labor Relations Board (NLRB) has issued its final rule requiring employers to post a notice informing employees of their statutory right to unionize. The rule, which will take effect on November 14, 2011, applies to all private sector employers subject to the National Labor Relations Act, which excludes only railroad, airline and agricultural employers, as well as small businesses, which have a minimal impact on interstate commerce. In short, the rule applies to virtually every private employer in Central Florida and beyond.

The notice will be provided by the NLRB at no cost to employers on or before November 1, 2011 and must be posted in a conspicuous location reserved for other similarly required notices such as those pertaining to the Family Medical Leave Act, Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act. Employers who frequently communicate with employees electronically must also disseminate the notice via internet or intranet. The rule does not require dissemination via email or through social media. If 20% of an employer’s workforce is not proficient in English, translations of the notice must be posted in the languages spoken by the employees.

While there are no monetary fines for noncompliance with the rule, a covered employer’s failure to post the notice constitutes an unfair labor practice and may toll the statute of limitations for employees filing unfair labor practice charges against their employer for alleged violations of the NLRA.

Should my company adopt a union avoidance strategy?

With the implementation of the new rule, now is a perfect time to consider and implement union avoidance strategies, or review with supervisory employees the early warning signs of possible union organizing activities. Few industries are exempt and employers might be surprised at some of the business segments whose employees have recently decided to unionize.