NLRB Mandates Notification of Union Organizing Rights
The National Labor Relations Board (NLRB) has issued a final rule that will require most private-sector employers to notify workers of their rights guaranteed under the National Labor Relations Act (NLRA). According to NLRB officials, the rule is set to appear in the Federal Register on Aug. 30, 2011 and will take effect 75 days after publication, on Nov. 14, 2011.
Under the new rule, most private-sector employers (including labor unions) will be required to post a notice of employee rights where other workplace notices are normally displayed. The new notification requirement applies to all businesses that are subject to the NLRA, which excludes agricultural, railroad and airline employers. The notification rule will not apply to small employers that conduct less than $50,000 worth of business across state lines.
The NLRB based the rule on other requirements for notifications of workplace rights. The NLRB has developed an 11-by-17-inch poster similar to a notice of NLRA rights that federal contractors must now display. Before the rule takes effect, the NLRB says, copies of the poster will be available from NLRB regional offices or may be downloaded from the NLRB website.
In addition, employers who usually notify employees about employment rules and policies on a company Internet or intranet site will be required to post the NLRA rights notice online.
Employers that fail to comply with the notification rule could be subject to a complaint of unfair labor practice and face legal action by the NLRB. Officials said employers that aren’t aware of the rule change and who fail to post the notice will receive a written warning. If the employer responds promptly and posts the notice, then, according to an NLRB fact sheet on the final rule, “the unfair labor practice case will typically be closed without further action.”
Source: SHRM. Written by Bill Leonard
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