The National Labor Relations Board (NLRB) has finalized its
administrative rule requiring all employers within its jurisdiction
to post notices informing employees of their rights to join a union
free of threats and intimidation by the employer. The advance
notice of the finalized rule has been published on the internet and
the anticipated publication date of the final rule in the Federal
Register is August 30, 2011. The rule is scheduled to take effect
75 days after its publication in the Federal Register.
Dinsmore first notified its clients of the proposed rule on
December 29, 2010. At that time we wrote:
In a proposed rule issued on December 22, 2010, the NLRB requires all Employers to post 11 by 17 inch Notices and e-mail employees (where the Employer customarily communicates with employees by such means) a Notice identifying the statutory rights of employees to organize unions. The NLRB intends to punish all Employers who fail to make the required postings through their unfair labor practice process.
The Notices explain the statutory protections under the National Labor Relations Act for employees who desire to form unions. The Notices will not only inform employees of their rights, wrote the NLRB, but will also dissuade Employers from violating those rights."
While the final rule no longer requires the same level of
electronic communication of the notice, the remainder of the rule
remains largely unchanged. Dinsmore will review the final rule in
its entirety and advise its clients in detail regarding its
obligations and options as a result of this expansion of the
regulatory authority of the NLRB.
You may access the complete final rule here: http://www.ofr.gov/OFRUpload/OFRData/2011-21724_PI.pdf
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
