Who must post the Employee Rights Under the National Labor Relations Act (NLRA) Poster?
Executive Order No. 13496 and U.S. Department of Labor regulations (29 CFR Part 471) require Federal contractors and subcontractors to post the Employee Rights under the National Labor Relations Act (NLRA) Poster to inform employees of their rights under the NLRA, the primary law governing relations between unions and employers in the private sector. The posting requirement applies to Federal contractors that hold:
- prime contracts that meet or exceed the simplified acquisition threshold (currently $100,000), and
- subcontracts that are associated with covered prime contracts valued at $10,000 or more.
What does the Notice cover?
The NLRA notice informs employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the federal agency that enforces those rights, with questions or to file complaints. The rules require covered Federal contractors and subcontractors to post the notice whether or not they have unionized employees.
What are the physical and electronic posting requirements?
Contractors and subcontractors must post the notice conspicuously in and around their establishments, work sites, and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who are directly or indirectly engaged in contract–related activities. In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are customarily posted, e.g., employee bulletin boards.
Additionally, contractors and subcontractors who post notices to employees electronically must also post the required notice electronically via a link to the OLMS’ website. When posting electronically, the link to the notice must be placed where the contractor customarily places other electronic notices to employees about their jobs. The link must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.” The link can be no less prominent than other employee notices. Electronic posting cannot be used as a substitute for physical posting.
Are commercial copies and compilations including the NLRA compliant?
The size, form, and content of the NLRA notice are prescribed by the DOL and may not be altered by contractors. The regulations permit contractors to post an official print of the notice obtained from a government agency, download and print a formatted copy of the notice from the DOL’s website, and to reproduce and use duplicate copies of the official notice. Additionally, with regard to the requirement that the poster not be altered by the contractor, the DOL has clarified “that this prohibition is not intended to, and should not, impair the ability of contractors to utilize a commercial poster service that might provide the instant employee notice consolidated onto one poster with other Federally mandated labor and employment notices, so long as such consolidation does not alter the size, color, or content of the poster provided by the Department.” (Final Rule Implement Executive Oder 13496.)