National Labor Relations Board (NLRB) released a new, notice of proposed rulemaking (NPRM) that would require employers to post a notice to employees of their rights to unionize under the National Labor Relations Act.
Source: Keith Smith, NAM.org
This morning the National Labor Relations Board (NLRB) released a new, notice of proposed rulemaking (NPRM) that would require employers to post a notice to employees of their rights to unionize under the National Labor Relations Act.
* This proposal is very similar to the previous rulemaking performed by the Department of Labor to require employers who are federal contractors to post a similar notice to their employees. (For your reference the NAM’s response to that prior rulemaking is available here<http://www.nam.org/~/media/972A24CE7D444C08BFF5614793C8EF55/Comments_Proposed_Dept_of_Labor_Rule.pdf>.)
* This notice must be posted like other required employee rights posters (like the FMLA, Fair Labor Standard Act, etc.) but also posted electronically (either on the web or via e-mail) if employers customarily communicate with employee through electronic communications.
While we are still analyzing the NLRB’s proposal, more information is available by clicking the below links to the NLRB’s website. To review the proposed language of the employee notice, please refer to page 36 in the “Full Text of the NLRB’s Proposal” found in the links below.
* Fact Sheet on the NLRB’s Proposed Rulemaking<http://www.nlrb.gov/About_Us/news_room/Notice_for_Rulemaking/rulefactsheet7.pdf>
* Press Statement Announcing the NLRB’s Proposed Rulemaking<http://www.nlrb.gov/shared_files/Press%20Releases/2010/R-2806.pdf>
* Full Text of the NLRB’s Proposal<http://www.nlrb.gov/About_Us/news_room/Notice_for_Rulemaking/2010-32019_PI.pdf>
It should be noted that only one NLRB Board Member has dissented from this proposal – Brian Hayes (R).
* Mr. Hayes has indicated that the development of this rulemaking took place prior to his confirmation to Board.
* More importantly, Mr. Hayes stated that he feels that the Board lacks the authority to promulgate this rulemaking.
* In addition to requiring employers to post this notice to employees, the Board has proposed establishing new “unfair labor practice” liability on employers for failure to comply with this proposal’s requirements for posting.
Unlike other federal agencies, the NLRB rarely engages in formal rulemaking. Instead, the NLRB is primarily involved in deciding labor law cases that go before it. The Board has invited the public to comment on this NPRM within the next 60 days.
As we continue to analyze this proposal and gauge its impact on manufacturers we urge NAM member companies to provide us feedback.