The National Labor Relations Board has issued a proposed
regulation that, if finalized, would require virtually all private
employers in the United States to post notices about workers'
rights under the National Labor Relations Act. Employers would be
required to notify employees of their right to unionize, to bargain
collectively and to strike or picket. Further, the proposed notice
states that employers cannot prohibit employees from soliciting
co-workers to join a union and cannot take any adverse action
against an employee for engaging in union activities or other
protected, concerted activity. The proposed notice also includes
information regarding how an employee can report unlawful
conduct.
Under the proposed regulation, employers would be required to post
these notices "in conspicuous places," including all
places where notices to employees are customarily posted. In
addition, employers would be required to distribute the notice
electronically, such as by email or posting on an intranet, if the
employer customarily communicates with its employees by such
means.
The proposed regulation also addresses an employer's failure to
post the required notice. Under the proposed rule, if the Board
finds that an employer has failed to post the required notices, the
employer will be ordered to cease and desist from the unlawful
conduct and post the required employee notice along with a remedial
notice. Further, the proposed regulation states that an
employer's failure to post a notice would toll the statute of
limitation for filing a charge of unfair labor practices. Finally,
the proposed regulation contemplates that the failure to post a
notice may be used as evidence of union animus by the employer in
cases in which the employer's motive is at issue.
The Board is accepting public comments on the proposed regulation
for the next 60 days. While it is likely that the regulation in
some form will be implemented, the Board may alter the proposed
rule based upon the public comments it receives. We will update you
when the regulation is finalized
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