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On Wednesday, January 12, 2011 by Francine W. Breckenridge posted in Employment Law Blog
Last week’s blog highlighted the resurgence of the NLRB and its recent efforts to re-enter the workforce, including a proposed rule requiring all employers to advise employees of their rights under the NLRA. Since the NLRA applies to most private sector employees (except employees of airline, railroad, and other agricultural workers), all employers, both union and non-union, should take note of this proposal and its possible ramifications.

Under the proposed rule, all private sector employers under the ambit of the NLRA will be required to post the “Employee Rights Notice” where other workplace notices are typically posted. If an employer communicates with employees primarily by e-mail or other electronic means, the notice would also need to be posted electronically. This rule is similar to one recently finalized by the U.S. Department of Labor for federal contractors. Federal contracts must post a notice stating that employees have the right to act together to improve wages and working conditions; to form, join, and assist the union; to bargain collectively with their employer; and to choose not to do any of these activities. The notice also provides examples of unlawful employer and union conduct and tells employees how to contact the NLRB with any questions or complaints.

Clearly, this proposed rule can impact on non-union employers, especially if unions are targeting a particular industry. While these notices are similar to notices under Safety, Wage, and Anti-Discrimination laws, the proposed NLRA notice could bolster union membership, especially in the immediate month after the rule is implemented. Further comments are invited on the proposed rule, but need to be submitted no later than February 20, 2011. The comments can be submitted electronically to www.regulations.gov.  Employers who are currently non-union should voice their opinion on the proposed rule before it is too late. If your company has any further questions on union activity at your workplace, do not hesitate to contact any of the Strasburger Labor & Employment attorneys.

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