The National Labor Relations Board (NLRB) Dec. 22 issued a Notice of Proposed Rulemaking (NPRM), which would require employers subject to the National Labor Relations Act (NLRA) to post a notice in the workplace informing employees of their rights under the NLRA.
Under the NPRM, employers would face various sanctions for failing to post the notice, including
1. being charged with unfair labor practices;
2. having the time limits for filing other unfair labor practice charges against the employer extended; and
3. having the NLRB consider the failure to post the notice as evidence of unlawful motive in other unfair labor practice cases.
President Obama issued an Executive Order in February 2009 that required government contractors to display such a poster. DOL released the text of that poster in May of 2010. The NLRB will use similar language as in the DOL poster. Board Member Brian Hayes (R) filed a dissent to the rulemaking, asserting “the Board lacks the statutory authority to promulgate or enforce,” the NPRM.
Please note that this is only a proposed rule. The Board will take comments from the public on the NPRM for 60 days. ABC will be developing sample comments for ABC member companies and will provide further information on these comments in the near future. Additionally, ABC plans to file its own comments expressing displeasure and strong opposition to this rulemaking. ABC will continue to keep members apprised of all new developments.
To submit comments, click here.
To view the NLRB press release and fact sheet, click here.
For further information about the NLRB, please visit www.nlrb.gov.