Total Articles: 9
Hold onto that "Employee Rights Notice" - the NLRB has postponed the posting deadline.
On August 25, 2011, the National Labor Relations Board (NLRB) announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Under the rule, private-sector employers whose workplaces fall under NLRA jurisdiction will be required to post a notice of employee rights under that Act. The final rule requires employers to post and maintain the NLRB notice in conspicuous places, and to take “reasonable steps” to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
Board Releases Notice of Employee Rights Poster; Lawsuit Filed to Block Implementation of Final Rule
Executive Summary: On September 8 the National Association of Manufacturers (NAM) filed a federal suit seeking to block implementation of a new rule issued by the National Labor Relations Board (NLRB) requiring many employers, both union and non-union, to display a notice in the workplace explaining employee rights under the National Labor Relations Act (NLRA). NAM's suit alleges that the NLRB exceeded its authority by promulgating the rule. The rule will take effect November 14, 2011, unless the court blocks it.
New Poster Advises Employees Of Their Right To Unionize
The National Labor Relations Board (NLRB) issued a ruling on August 25, 2011 that requires all employers subject to the National Labor Relations Act (NLRA) (including manufacturers and virtually all other private sector employers) to inform employees of their right to unionize. The rule was posted in the Federal Register on August 30, 2011, and will take effect on November 14, 2011. The ruling requires employers to post a notice in all locations where notices are usually posted, including electronic posting on employee intranet sites.
The 11x17" poster, which will be available soon, will be provided to employers at no cost. The poster can also be downloaded from the NLRB's website and printed in color or black and white. Translated versions of the poster will be available and those versions must be posted at workplaces where at least 20% of employees are not proficient in English. Once the NLRB poster is available, all private sector employers should take steps to post this information by November 14. Although there will be no monetary fines assessed, failure to post the notice by November 14 is considered an unfair labor practice.
This latest ruling is largely in answer to the ongoing decline in union membership seen over the past 30 years. Unions, which rely on member dues to keep afloat, need to boost membership to stay alive. Today, less than seven percent of private sector workers are unionized compared to the 1980s when approximately 20 percent of the workforce was comprised of card-carrying union members. The number of union elections conducted has increased by 26 percent from 2009 to 2010; however, the win percentage has held steady at 69 percent. Although unions have been devoting substantial financial resources to organizing activities, they have not achieved the results they are seeking and have been turning to legislation and rule-making to help their cause. By informing all employees of their right to unionize, unions hope there will be more favorable certification elections.
To keep your workplace union-free, it is important to understand why employees to seek out unions. Simply put, employees who are worried about job security, who feel that their concerns have fallen on deaf ears, who think they are not being treated fairly, who were passed up for a promotion or who believe they are not being fairly compensated for their work, are prime targets for unions. It may be time to audit your workplace policies and practices and identify any areas in which your organization may be vulnerable to a union organization effort.
For guidance on this and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
NLRB Poster on Employee Rights Now Available for Download
Effective November 14, 2011, most private sector employers must post a notice advising employees of their rights under the NLRA and provide information on how employees may contact the NLRB to file a complaint or seek additional information.
NLRB Required Poster On Employee Rights Is Now Available to Employers
On September 14, 2011, the National Labor Relations Board made the newly-required poster describing employee rights under the National Labor Relations Act available for free download. Employers should post the 11-by-17-inch notice where employees see other notifications of workplace rights and employer rules and policies.
New Required EEO Poster.
The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new poster reflects the requirements of the Genetic Information Nondiscrimination Act ("GINA"), which take effect on November 21, 2009, and prohibit employers from discriminating against applicants and employees based on genetic information for employment purposes and health insurance. The new poster will also reflect the changes made by the Americans with Disabilities Act Amendments Act of 2008, which took effect on January 1, 2009.
New Federal Poster Available Online.
The Department of Labor recently published a new "Equal Employment Opportunity is THE LAW" poster. This poster must be displayed in all workplaces covered by Title VII or Executive Order 11246. The new poster contains only minor changes intended to clarify employee rights and to provide more specific definitions.
OSHA Releases New Poster; Employers May Still Use Prior Version.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has published a new "It's the Law" Poster.
New Employment Poster Requirements.
The United States Department of Labor has been busy. It has issued two new workplace posting requirements. One poster is currently required and the other will be required soon.
