ABC OPPOSES PROPOSAL REQUIRING EMPLOYERS TO POST BIASED LIST OF RIGHTS (03/02/2011)
ABC Feb. 22 sent a comment letter to the National Labor Relations Board (NLRB) criticizing a proposal that would require employers to post a notice in their workplaces containing an incomplete and biased list of employee rights under the National Labor Relations Act (NLRA). More than 100 ABC members also sent letters voicing their own concerns about the proposal in response to an action alert issued in February by ABC.
In its comments, ABC contended that the NLRB does not have the authority to issue or enforce this proposal due to the lack of language in the NLRA granting them that authority. In addition, ABC noted that the proposal oversteps the NLRB authority by effectively eliminating the statute of limitation for penalties when filing unfair labor practice charges against an employer that fails to post the proposed notice – despite the NLRA having set a very clear statute of limitations of six months on unfair labor practice charges.
ABC also pointed out that the proposed notice fails to inform workers of their right to decertify their union; their right to pay only the portion of union dues attributable to collective bargaining, contract administration, and grievance adjustment; and that employers cannot require membership in a labor organization as a condition of employment in states with Right to Work laws that prohibit such agreements between unions and employers.
Despite these key omissions, the proposal states that employers’ failure to post the notice would lead to sanctions, including:
- unfair labor practice charges;
- extended time limits for the filing of additional unfair labor practice charges; and
- consideration as evidence of unlawful motive in other unfair labor practice cases Despite an overall objection to the notice and its belief that the
NLRB does not have the authority to implement the rule, if the agency continues forward with its plan, ABC recommended that the notice language be revised to provide a more complete and accurate listing of employee rights under the NLRA.
“A federally-mandated notice should not advocate for a specific outcome or interest groups, and it is ABC’s belief that the Board’s notice requirement as proposed does just that,” the comments stated.
ABC also recommended the NLRB reconsider its cost analysis of the proposal due to vague guidelines regarding electronic distribution and recommended more information be gathered.
The Coalition for a Democratic Workplace (CDW) with ABC’s support also filed comments objecting to the proposal.
