NLRB Proposes Mandatory Posting of NLRA (Union) Rights
On December 22, 2010, the National Labor Relations Board (NLRB) published a proposed rule that would require all private employers covered by the National Labor Relations Act (NLRA or Act) to post a notice informing employees of their section 7 rights under the Act, including their right to join a union. This requirement would be imposed on all employers (even non-union companies) covered by the NLRA. The proposed rule is consistent with President Obama’s agenda to promote private sector unionization.
The notice would be similar in form and content to the notice the Department of Labor recently approved for use by federal contractors. In addition to a hard copy of the notice, employers would be required to post the notice electronically and provide a link to the NLRB’s website, if the company typically communicates to its employees electronically. The proposed rule contains the wording to be used in the email, web page or link. Additionally, the posted notice would need to be in a language customarily spoken and understood by the employees. The NLRB will provide translations.
Failure to post the notice under the proposed rule would be treated as an unfair labor practice (ULP). An employer’s knowing failure to post the notice could be considered evidence of unlawful motive in an ULP case involving other alleged violations of the NLRA.
Should the proposed rule be adopted by the Board, legal challenges are likely. In a strongly-worded dissent, Board Member Brian Hayes argued that “the Board lacks the statutory authority to promulgate or enforce the type of rule which the petitions contemplated and which the proposed rule makes explicit. . . . “
Comments are due by February 22, 2011, and must contain the regulatory identification number (RIN): 3142—AA07. Comments may be submitted electronically through the federal eRulemaking portal or by mail or hand-delivery to: Lester A. Heltzer, Executive Secretary, National Labor Relations Board, 1099 14th Street, NW, Washington, DC 20570.
I urge you to submit your comments opposing this proposed rule. Additionally, please consider writing your U.S. Congressman and Senators to let them know that their constituents strongly disagree with the Board’s unauthorized attempt to impose workplace rules on private sector employers.
By: G. Mark Jodon, Littler Mendelson
