Stay informed and ready to meet both everyday challenges and long-term planning and policy-making goals, with focused news, practical information, and strategic insights on all HR-related...
Every employer subject to the National Labor Relations Act would be required to post a notice informing employees of their NLRA rights under a National Labor Relations Board proposed rule published in the Dec. 22 Federal Register (75 Fed. Reg. 80,410).
Citing estimates that most employees are unaware of their rights under the NLRA, the board said that one reason for their lack of information is that employers have not been required to inform them of the statutory protections. Requiring a notice posting by all employers not only will inform employees, but also will dissuade employers from engaging in unfair labor practices once employees are equipped with information about their statutory rights, the NLRB said in a notice of proposed rulemaking signed by Chairman Wilma B. Liebman.
Invoking the board's statutory authority to adopt “such rules and regulations as may be necessary to carry out the provisions of this Act,” the board proposes a rule that would require every employer to post an 11-by-17-inch poster and to distribute the notice electronically if the employer customarily communicates with employees by such means.
The board proposes to sanction employers that fail to post the required notice by treating the failure as an unfair labor practice under Section 8(a)(1) of the NLRA.
The board's action comes in response to a 1993 petition for rulemaking filed by Charles J. Morris, now professor emeritus at Southern Methodist University's Dedman School of Law. Members of the public will have 60 days to comment on the proposal.
Member Brian E. Hayes dissented from the NLRB decision to grant the rulemaking petition. Noting that other federal laws expressly require the posting of individual rights notices, while the NLRA does not contain such a requirement, Hayes said the board lacks statutory authority to impose the new notice posting requirement through rulemaking.
Stating that the proposed rule-- which does not impose any reporting or recordkeeping duties on employers--would impose a minimal burden on employers, the board majority wrote briefly that Section 6 of the NLRA, 29 U.S.C. § 156, gives the agency authority to adopt “such rules and regulations as may be necessary to carry out the provisions of this Act.”
The board estimated that compliance the first year would require an employer to spend only two hours, at a labor cost of $62.04.
Public comment on the proposed rule should be submitted electronically to www.regulations.gov, or sent by mail or hand-delivered to Lester A. Heltzer, Executive Secretary, National Labor Relations Board, 1099 14th St. N.W., Washington, D.C. 20570.
Text of the proposed rule can be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8ccn7t. An NLRB “Facts at a Glance” summary of the proposal is available at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8ccr4a.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)