August 31, 2011 – NLRB Issues New Final Rule on Notice
On August 30, 2011, in an action harshly criticized by the sole Republican Member of the National Labor Relations Board (“NLRB”) as an effort to boost union membership in the face of its steady declination over the past decade, the NLRB voted to require all private sector employers except those expressly excluded from coverage under the National Labor Relations Act, to post notification to its employees of their right to unionize. Those employers who are excluded from coverage are government, airlines, agriculture and railroads.
The rule, which goes into effect on November 14, 2011, specifically requires employers to post an 11″ x 17″ notice in a conspicuous location. It also requires employers whose work force is more than 20 percent non-English speaking to post the notice in the language spoken by the employees. Although there is no penalty for failure to post, the NLRB has determined that such failure will constitute an unfair labor practice which can result in charges being brought against an employer.
The adoption of this rule is just the most recent activity on the part of the NLRB to extend its authority over non-unionized work forces. Earlier, the NLRB declared that imposing discipline on an employee for making disparaging statements about an employer on Facebook constitutes a violation of the provisions of the statute that protects concerted activity.
The full text of the rule can be found at www.nlrb.gov.