By: Richard H. Wessels, Esq.

A new rule, which becomes effective on November 14, 2011, will require most employers to post a notice detailing employee rights under the National Labor Relations Act.

The required notice will inform employees of their 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 instruct employees how to contact the NLRB with questions or complaints.

In addition to posting the notice on a bulletin board, employers who customarily post personnel rules or policies on an internet or intranet site will be required to post the Board's notice on those sites.

Copies of the notice will be available for download from the NLRB website on November 1, 2011. Employers also can satisfy the rule by purchasing and posting a set of workplace posters from a commercial supplier.

The rule does not apply to public-sector employers or employers who are otherwise excluded from coverage of the National Labor Relations Act, such as railroads and airlines.

Keep in mind that the posting rule does not become effective until November 14, 2011. Several employer organizations are planning litigation to stop this and, at the very least, the effective date may be moved back.