The Obama Administration has vowed to help unions since before the election. The next pro-Labor initiative will begin in two months. As of November 14, 2011, most employers will be required to post a notice in their workplace informing employees about their rights to unionize. The Board originally opened its proposed rule to public comment in December 2010. After a public comment period which elicited over 7,000 comments, the Board adopted the Final Rule this past August
All employers who are covered by the National Labor Relations Act, which is practically everyone, will have to display this poster wherever they normally post notices to employees. The poster tells employees their rights to unionize, provides the National Labor Relation Board’s contact information, and supplies a list of illegal acts an employer can commit. In addition to posting it in the workplace, if an employer normally posts information to employees on an internet or intranet site, the notice must be placed there as well.
Failure to post the notice may result in the filing of an unfair labor practice against the employer. Also, the Board may choose to toll the statute of limitations for filing an unfair labor practice charge during the time period the notice was not posted. If the Board finds the employer willfully failed to post the notice, the Board may use this as evidence of the employer’s bad motive in other cases.
Between now and November, employers should train their supervisors on how to discuss union issues with employees. Every supervisor needs to know what they can and cannot say to employees about unions. Hopefully this poster will not foster an increase in litigation against employers or union activity but you need to be prepared. Brody and Associates regularly advises its clients on union-related matters and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.
