Wednesday, September 28, 2011

Lawsuit against NLRB and its new posting requirement

On September 19, the US Chamber of Commerce along with the South Carolina Chamber of Commerce announced a lawsuit filed against the National Labor Relations Board. The lawsuit alleges that the NLRB lacks jurisdiction to issue the final rule and the new required posting violates federal law. The Board's final rule makes it an unlawful labor practice to not post the required Employee Rights posting. The Commerce contends that the final rule violates the First Ammendment, along with other Federal and regulatory laws.

The executive vice president of the Chamber's public policy law firm, Robin Conrad states "The NLRB has no authority to impose any of these requirements... This is nothing more than labor regulation run amok. Adding insult to injury, the Board’s new rule violates the First Amendment by forcing employers to use their own resources to post the NLRB’s pro-union message on the company’s own property."

The lawsuit contends the Final Rule is unlawful in the following ways:
  • The NLRB lacked jurisdiction under the Act
  • The rule allows for complaints for up to 6 months after the unfair labor practice
  • The rule violates the Administrative Procedure Act (APA) because it “arbitrarily and capriciously excludes” a notice of employee rights to be free of “compulsory union membership and compulsory union dues.”
  • The rule violates the Regulatory Flexibility Act (RFA) because the Board failed to estimate the economic impact on small businesses.
  • The rule violates the First Amendment by forcing employers to post the NLRB’s ideological views on unionizing.

Thursday, September 15, 2011

National Labor Relations Act Required Posting Now Available

The National Labor Relations Board (NLRB) poster regarding Employee Rights is now available. The poster was not expected to be released until closer to its required posting date of November 14, 2011. The 11" x 17" notice is required to be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. This posting is required by all private-sector employers within the NLRB's jurisdiction, common exempted employers are agricultural, railroad and airline employers.

National Safety Compliance will be implementing this new required posting in their 2012 Federal Labor Law Poster to be released before the November 14, 2011 required posting date. They are also shipping this NLRB Posting on laminated, card stock with every Federal Labor Law Poster order until the 2012 Federal Poster is released.

Please visit National Labor Relations Board Employee Rights poster for more information.

Thursday, September 1, 2011

NLRB Final Rule to Require Posting

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.

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.

The rule has been published in the Federal Register on August 30, and will take effect 75 days later, or on November 14.

The expected release of the updated NLRB posting is on or before November 1, 2011. To remain up-to-date of all Federal and state major changes, our Free Labor Law Opt-In Notification is available.