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NLRB Announces Proposed Rule Requiring Private Employers To Notify Employees Of Rights Under NLRA
The National Labor Relations Board (NLRB) announced a proposed rule that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA). Specifically, the proposed rule would require private-sector employers whose workplaces fall under the NLRA to post an employee rights notice in the workplace (and electronically if the company normally communicates with employees electronically). The proposed notice would inform employees of their 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 choose not to do any of those activities without fear of retaliation or reprisal. The notice also would provide employees with examples of unlawful employer conduct and instruct employees on how to contact the NLRB with questions or complaints. Similar postings already are required under other federal employment laws, such as the Fair Labor Standards Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. The NLRB has stated that the proposed notice is intended to “increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.” Member Brian Hayes dissented from the issuance of the proposed rule stating his belief that the NLRB lacks the statutory authority to promulgate or enforce this type of rule. The proposed rule currently is not in effect. Instead, it has been submitted to the Federal Register and is subject to a 60-day comment period. If passed, employers will be able to request copies of the notice for posting from an NLRB office, or download the notice from the NLRB’s website. © 2010 Kiesewetter Wise Kaplan Prather, PLC |
