Long Term Care Facilities Must Post a Notice Informing Employees of their Rights to Organize

The U.S. District Court for the District of Columbia recently determined that the National Labor Relations Board (NLRB) could require employers, to include long term care providers, to post a notice informing employees of their rights to organize.

The Court did, however, limit how the board could enforce this requirement. Importantly, not posting the notice does not, in and of itself, constitute a violation of the law. In addition to not posting the notice, there must be evidence of a company’s anti-union conduct to constitute a violation.

Thus, even though failing to post the notice would not be a violation there may still be negative repercussions. For example, not posting the notice could be used as evidence of an employer’s anti-union stance.

The NLRB is requiring employers to post the notice by April 30, 2012. You may obtain a copy of the poster and learn more about this rule by following this link.

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