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September 13, 2011

Why You Should Care About the NLRB (Now, More Than Ever!)

Filed under: Compliance,General HR Buzz,Unions/NLRB — Tags: 9:25 am

Considering the number of articles floating around lately, it seems natural to conclude that the NLRB is the only thing making headlines in the world of HR.  It may be a stretch to make that statement, but if you didn’t care about what the NLRB was doing before now, it’s a critical time to start.  By mid-November, virtually every employer will be required to add another poster to their wall of notices.

The NLRB has been paying a lot of attention to non-union employers as of late.  By now, the news of Facebook firings has become a hot topic around water coolers everywhere.  On August 30, the NLRB issued a final rule that requires any private-sector employer covered under the NLRA to post a notice to its employees of their rights under the act.  If there are 20% or more employees who are primarily non-English speaking, the notice must also be posted in the preferred language.  If employers post other employee notices, such as those required by the DOL, on the company’s intranet or other site, the NLRB notice must be posted there as well.  The notice must be posted regardless of current unionization status.

Although there is not a fine for non-compliance, your company could become ripe for an “unfair labor practice” charge if the notice is not posted.  The failure to comply could be used as evidence in the event a case is brought against your company.

The National Association of Manufacturers (NAM) has already filed a lawsuit against the NLRB in an attempt to stop the posting requirement.

  “This rule is just another example of the Board’s aggressive overreach to insert itself into the day-to-day decisions of businesses – exerting powers it doesn’t have,” said NAM President and CEO Jay Timmons. “The growing list of burdensome actions from the NLRB is causing great uncertainty among manufacturers at a time when our economy is struggling to recover. We are committed to fighting this rule in order to rein in the NLRB. We also are encouraging Congress to act soon to stop this rogue agency.”

HR News & Views Blog: Why You Should Care About the NLRB

Notification of Employee Rights Under the NLRA


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