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WEDNESDAY, OCTOBER 26, 2011

New Posting Requirement for Employers

The National Labor Relations Board (NLRB) has issued their final rule requiring employers covered by the National Labor Relations Act (NLRA) to notify employees of their rights under the Act.  Although the posting deadline has already been delayed once, the current deadline is January 31, 2012.  The notice must be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.  Employers should also publish a link to the notice on an internal or external website, if other personnel policies or workplace notices are posted there.

The notice could have a significant impact on work places.  There are seven actions listed that employers will want to pay attention to.  The notice gives examples of possible actions employers and unions may take that are grounds for charges of unfair labor practices.  The poster states:

“Under the NLRA, you have the right to:

  • Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.
  • Form, join, or assist a union.
  • Bargain, collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
  • Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.
  • Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
  • Strike and picket, depending on the purpose or means of the strike or the picketing.
  • Choose not to do any of these activities, including joining or remaining a member of a union.”

Employers are advised to continue to be vigilant in monitoring their policies for gaps that may leave them vulnerable to union organizing activities.  Pay particular attention to employee satisfaction areas including grievance and complaint procedures.  Other areas to review include whether your wage and salary program is competitive in your market, your job descriptions are up to date, and your safety program protects your employees.  Are your supervisors and managers trained to recognize the early signs of union organization?  Do they know what to do and what NOT to do if they suspect an organizing attempt?

The poster is available at www.nlrb.gov/poster.  The website also offers a Q & A section that addresses many common questions regarding the requirement.

Blog Authored by: Jeanne Hines, SPHR

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