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Union rights workplace poster mandate carries NLRB label

Sources: National Labor Relations Board; CP staff

An NLRB-proposed rule would require private employers to notify employees of their rights under the National Labor Relations Act, which defines union organizing, representation, and collective bargaining activities. The agency has submitted to the Federal Register a Notice of Proposed Rulemaking, stating The Board “believes many employees protected by the NLRA are unaware of their rights under the statute. The intended effects of this action are to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”

Private-sector employers, including labor organizations, whose workplaces fall under the NLRA would be required to post an employee rights notice alongside other federal or state workplace notices. An NLRA rights poster would be available from regional Labor Board offices or by download from the www.nlrb.gov website.

The proposed notice is similar to one the U.S. Department of Labor recently finalized for federal contractors. It states that employees have the right to act together to improve wages and working conditions; to form, join and assist a union; to bargain collectively with their employer; and, to choose not to do any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

NLRB Member Brian Hayes dissented from his three Democratic colleagues on the proposed rulemaking issuance, the lone Republican citing belief that the agency lacks the statutory authority to promulgate or enforce rule measures. Public comments are invited on all aspects of the proposed rule, including the Board authority issue raised by the Hayes dissent, and should be submitted within 60 days of publication in the Federal Register, either electronically, at www.regulations.gov, or by mail to Lester Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington DC 20570.