On December 22, 2010, the NLRB published a proposed rule in the Federal Register that would require all employers who are subject to the NLRB’s jurisdiction to post a notice that explains the rights of employees under the National Labor Relations Act (NLRA). The notice would inform employees that under the NLRA they have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for their mutual aid or protection as well as the right to refrain from engaging in such activities.

The NLRB’s proposed rule would require employers to post the notice where they usually post similar notices as well as to distribute it electronically if they usually communicate with employees that way. An employer that fails to post the notice would commit an unfair labor practice under the NLRA. In addition, the six-month statute of limitations for filing an unfair labor practice charge with the NLRB could be considered “tolled” if an employer fails to post or distribute the required notice. The NLRB is accepting comments on the proposed rule and notice through February 20, 2011. The public can submit comments to the NLRB.

The NLRB’s proposed notice is similar to the Department of Labor notice that President Obama recently required federal contractors to post under his Executive Order 13496 , which was effective on June 21, 2010. That Executive Order overruled the Bush administration’s “Beck” Executive Order for federal contractors.