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UPDATE: New NLRB Poster Released

Published by on September 21, 2011

We previous wrote about a new NLRB rule that requires all employers covered by the National Labor Relations Act (“NLRA”) — regardless of whether their employees are currently represented by a union or not — to post a notice setting forth employee rights under the NLRA. The National Labor Relations Board (“NLRB”) has released the […]

We previous wrote about a new NLRB rule that requires all employers covered by the National Labor Relations Act (“NLRA”) — regardless of whether their employees are currently represented by a union or not — to post a notice setting forth employee rights under the NLRA. The National Labor Relations Board (“NLRB”) has released the final version of its new workplace posting.  Pursuant to the NLRB’s rule, this notice must be posted in the workplace by November 14, 2011 January 31, 2012.  More after the break.

The posting informs employees of their rights under the NLRA to:

 

  • · Organize a union to negotiate with their employer concerning wages, hours, and other terms and conditions of employment.
  • · Form, join, or assist a union.
  • · Bargain collectively for a contract with their employer to set wages, benefits, hours, and other working conditions.
  • · Discuss wages, benefits, and other terms and conditions of employment or union organizing with a co-worker or union.
  • · Take actions with one or more co-workers to improve working conditions.
  • · Strike and picket, depending on the circumstances.
  • · Refrain from participating in any of these activities, including joining or remaining a member of a union.

The posting also instructs employees that it is illegal for their employer to:

 

  • · Prohibit employees from talking about or soliciting for a union during non-work time or distributing union literature during non-work time in non-work areas.
  • · Question employees about union support or activities in a manner that discourages union activity.
  • · Take adverse action against employees, or threaten to take adverse action, because of union or concerted activity or choosing not to engage in concerted activity.
  • · Threaten to close the workplace if employees choose a union representation.
  • · Promise or grant employment benefits to discourage or encourage union support.
  • · Prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.
  • · Spy or videotape peaceful union activity and gatherings or pretend to do so.

The National Association of Manufactures (“NAM”) has filed a lawsuit in the United States District Court of the District of Columbia to enjoin the NLRB’s rule requiring the posting of this notice.

Additionally, Congressman Ben Quayle has introduced proposed legislation that would repeal the NLRB’s rule regarding this posting. The proposed legislation, titled “Employee Workplace Freedom Act,” would prohibit the NLRB from promulgating or enforcing any rule that requires employers to post notices relating to the NLRA. For a copy of the proposed legislation, click here.

The NLRB posting can be located here.

Our previous blog post regarding the NRLB’s rule is located here.

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