Final Rule Requires Posting of NLRB Rights

UPDATE (January 2012):  NLRB Posting Requirement Delayed Again!

The National Labor Relations Board (NLRB) has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, D. C. hearing a legal challenge to the rule. The posting requirement was originally set for mid- November 2011 and was later delayed until January 31, 2012. Now the deadline for posting the notice is April 30, 2012. The Board’s ruling states it has determined that postponing the effective date of the rule will facilitate the resolution of the legal challenges that have been filed with respect to the rule.  Business groups including the U. S. Chamber of Commerce and the National Federation of Independent Business have filed lawsuits seeking to block implementation of the poster requirement. They contend the NLRB has overstepped its authority by mandating what the groups say is a blatantly pro-union message. 

This second postponement is to avoid an injunction preventing the rule from going into effect during litigation. We will keep you posted on any additional developments related to this issue.

UPDATE (Nov. 2011):  New NLRB Poster Delayed Until January 31, 2012

Based on a final regulation issued by the National Labor Relations Board (NLRB), employers subject to NLRB jurisdiction (and almost all car dealers are) were required to post a new notice no later than November 14, 2011. The NLRB has delayed that until January 31, 2012. 

The notice is similar to one that was previously required by the U.S. Department of Labor for federal contractors. It notifies employees that they have the right to act together to improve wages and working conditions; to form, join, and assist in a union; and to bargain collectively with their employer. It provides examples of unlawful employer and union conduct, and it provides an NLRB contact for any employee with any inquiries or concerns. The poster must be 11×17 inches. 

There has been significant opposition to this requirement, including several lawsuits that have been filed.

Further information on this requirement is available at or you may contact the vendor who supplies your posters.


The National Labor Relations Board (NLRB) has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act (NLRA) as of November 14, 2011.  Private sector employers whose workplaces fall under the NLRA will be required to post the employee rights notice where other workplace notices are typically posted.  The posting requirement applies to private employers of any size other than agricultural, railroad, and airline employers.  Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the NLRB notice on those sites.  The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language.

The notice, which will be similar to the one required by the U. S. Department of Labor for federal contractors, will state that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.  It will also provide examples of unlawful employer and union conduct and will instruct employees how to contact the NLRB with questions and complaints.  Failure to post the notice may be treated as an unfair labor practice under the National Labor Relations Act.

On or about Nov. 1, the 11- by 17-inch notice will be downloadable from the NLRB’s website at and available from NLRB regional offices.

The new poster can also be pre-ordered from SESCO Management Consultants for $9.99.  You may order the poster from our online publications store by clicking HERE or by calling or emailing SESCO.

Should you have questions about this new requirement, you may contact SESCO Management Consultants by phone at 423-764-4127 or by email at