LexMonitor | Discussion regarding https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_nlra.pdf

Coming to a Bulletin Board Near You on November 14th, Or Maybe Not ...

Wed, 14 Sep 2011 16:12:15 GMT

On planning committees for seminars, one topic that inevitably gets discussed is that we need to cover some traditional labor law. Almost inevitably someone will point out that in Texas, very few employers have unions and so any discussion of the NLRA or the actions of the NLRB will no doubt turn off a large part off the audience. And that of course, always gets the suggestion -- let's emphasize that the NLRA covers "concerted activity" not just union activity.

All true, true, and true. In fact my very first 5th Circuit argument was just such a case, NLRB v. Datapoint (5th Cir. 1981).

But unless a suit filed by the NAM, or some other similar action is successful, this November 4th, this poster, in its final formatted version that was published by the NLRB today will grace the bulletin board of every employer covered by the NLRA regardless of whether or not they currently have a union, as of November 14th.

This was the result of rule making on the part of the Board, a technique rarely used in the past.

In addition to a list of things that are illegal for either an employer or a union to do, the poster provides the following information:

Under the NLRA, you have the right to:

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.

• Form, join or assist a union.

• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.

• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.

• Strike and picket, depending on the purpose or means of the strike or the picketing.

• Choose not to do any of these activities, including joining or remaining a member of a union.

One view of postings is that they are much like the warning on the side of a lawnmower that you should not stick your hands into the blades, they are so ubiquitous that no one pays any attention.

But one never knows, although it may well be that we will soon find out.

A hat tip to Jeffrey Hirsch at Workplace Prof Blog, who was the first to call to my attention that the final version, in his words, "suitable for framing" was now released, although he gives his own hat tip and cautionary warning.

Update: Thanks to Russell Samson at the Dickinson Law Firm in Des Moines for catching that I was trying to force posting 10 days earlier than required. The effective date of the new rules which require the posting is 75 days after they were released or November 14, 2011. The Board's equivalent of an FAQ on the new posting requirement (which confirms the correct date) is here.

NLRB Posting Requirment Being Challenged on Several Fronts

callaborlaw@cdflaborlaw.com (Carlton DiSante & Freudenberger LLP) — Wed, 14 Sep 2011 18:36:52 GMT

By Mark Spring

On August 28, we posted about a new posting requirement established by NLRB regulation that requires private sector employers to post a detailed notice informing their employees about their rights to unionize. This requirement takes effect in November 2011. Our prior blog post is here.

Several developments have occurred in the last two weeks:

1. NLRB Poster is Now Available

Even though the requirement to post the notice about union rights is not effective until November, the NLRB has already prepared the poster and made it available on its website. The poster just became available in the last few days. Employers can review and/or download the poster here.

2. NAM Sues to Block Implementation

On Thursday September 8, the National Association of Manufacturers filed a lawsuit in Federal District Court in Washington DC, seeking an injunction to stop implementation of the NLRB's regulatory mandate. The lawsuit claims that the NLRB lacks the authority to mandate a posting requirment and that such a requirement can only come from Congress in the form of legislation.

3. House Legislation Introduced to Block Posting Requirement

Congressman Ben Quayle introduced HR 2833, The Employee Workplace Freedom Act, to block the implementation of the NLRB regulation requiring the new posting. The Employee Workplace Freedom Act seems to repeal the regulation and specifically provides that The National Labor Relations Board shall not enforce or promulgate any rule that requires employers to post notices relating to the National Labor Relations Act. A copy of the Act is available here.

We will continue to post developments on this subject as they arise.

Get Your New NLRB Posting From…The NLRB

dschwartz@pullcom.com (Daniel Schwartz) — Thu, 15 Sep 2011 11:37:07 GMT

Earlier this month, I told you that effective November 14th, the NLRB is requiring yet another posting for your workplace. The posting will, in some ways, look familiar to employers that have had unions; similar postings may go up around elections or other union-related issues. But this new poster is different in some ways because... Continue Reading

Earlier this month, I told you that effective November 14th, the NLRB is requiring yet another posting for your workplace.

The posting will, in some ways, look familiar to employers that have had unions; similar postings may go up around elections or other union-related issues.

But this new poster is different in some ways because it is required for both union and non-union employers.

The NLRB has now created a poster for free that employers can download here.

It can go up where you have all the other postings such as the minimum wage law and, in Connecticut, the electronic monitoring notice.