Thursday, August 25, 2011

NLRB Issues Final Notice Posting Rule

NLRB It's now official:  the NLRA has joined most other major labor and employment statutes that enjoy mandatory notice postings in the workplace.  Following the notice and comment period after its introduction of the proposed rule, the Board issued the final rule today.  Member Hayes dissenting, largely because he believed the Board lacked authority to issue such a rule and that the intent is to increase union density rather than inform workers.  From the press release:

The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011. 

Private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights notice where other workplace notices are typically posted. Also, employers who customarily post notices to employees regarding 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 from the Agency’s regional offices, and it may also be downloaded from the NLRB website. 

The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the 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 provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints. 

The Board received approximately 6,500 comments during the 60-day comment period following publication of the Proposed Rule in the Federal Register, and accepted an additional 500 that arrived after the deadline. In response to the comments, some parts of the rule were modified. For example, employers will not be required to distribute the notice via email, voice mail, text messaging or related electronic communications even if they customarily communicate with their employees in that manner, and they may post notices in black and white as well as in color. The final rule also clarifies requirements for posting in foreign languages. Similar postings of workplace rights are required under other federal workplace laws. 

Although I would have liked to see more electronic notices, I think this is a good step towards informing workers about their labor rights.  Despite the dissent's view, it's pretty obvious that a large proportion of employees have no clue about their labor rights.  However, I don't think it's going to dramatically change union density either--there are too many other factors at play.

-JH

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Comments

I view this rule to be significant-very significant for two reasons. First, the NLRB is utilizing its statutory rule making authority-something which it has rarely done. Second, an employer who violates this rule may find that the 6 month statute of limitations is tolled.
Mitchell Rubinstein

Posted by: Mitchell Rubinstein | Aug 25, 2011 2:38:10 PM

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