On December 21, 2010, the NLRB announced that it has submitted a Notice of Proposed Rulemaking to the Federal Register. The proposed rule would require all employers covered by the National Labor Relations Act — which is almost all private sector employers in the United States — to post a notice informing employees of their rights under the NLRA. Those rights include the right to join a union and bargain collectively. The Board’s proposed notice is similar to the notice required by the Department of Labor for federal contractors regarding employees’ rights under the NLRA.
• The rule would require all employers covered by the NLRA to post the notice, even if their employees are not represented by a union.
• Employers that regularly communicate with employees via e-mail or electronic means would have to post the notice electronically in addition to the physical posting.
• Failure to post the notice would be considered an unfair labor practice by the Board and could extend the statute of limitations for filing charges involving other ULP allegations.
NLRB Member Brian Hayes dissented from the issuance of the proposed rule, stating that “the Board lacks the statutory authority to promulgate or enforce the type of rule” proposed. Public comment is invited on the proposed rule, including the issue of the Board’s authority raised by Member Hayes’ dissent, and is open for 60 days (until February 20, 2011). Click here to read the Board’s press release announcing the proposed rule and here to read a fact sheet prepared by the NLRB. We will continue to monitor this proposed rule and report on developments as they occur.