NLRB Modifies Its Current Notice-Posting Language To Expressly Include Electronic Communications

NLRB Modifies Its Current Notice-Posting Language

To Expressly Include Electronic Communications

On October 22, 2010, the National Labor Relations Board (“Board”) addressed whether “employers and unions that are found to have violated the [National Labor Relations Act (“the Act”)] should be required to distribute remedial notices electronically, such as by email and/or posting on an intranet or the internet, in addition to the traditional positing of paper notice on a bulletin board.” J. Picini Flooring, 356 NLRB No. 9 (2010). Under the Board’s current notice-posting procedures, remedial notices must be posted for 60 days “in conspicuous places including all places where notices to employees [members] are customarily posted.” Traditionally, such notices consisted of paper copies posted on bulletin boards, time clocks, department entrances, meeting hall entrances, and dues windows.

Because of the increasing prevalence of electronic communications at and away from the workplace and because traditional posting of notices may be inadequate to reach employees and members who customarily receive electronic information, the Board found that those who have violated the Act “should be required to distribute remedial notices electronically [(i.e. intranet, internet, email and/or other electronic means)] when it is a customary means of communicating with employees or members.” The Board explained that requiring such electronic posting would “improve the administration of the Act by ensuring that remedial notices are adequately communicated to employees and members affected by unfair labor practices.” Also, because the electronic posting would be made through the customary means of communications, it would not pose any unreasonable burden on the employer or union. Accordingly, the Board modified its current notice-posting language to expressly include electronic communications in addition to traditional posting.

Questions as to whether a particular type of electronic notice is appropriate, whether the employer or union customarily uses a particular type of electronic notice, or whether such electronic notice would be unduly burdensome, are to be resolved at the compliance stage.