NLRB Proposes New Employer Posting Requirements

On December 21, 2010, the National Labor Relations Board (NLRB), exercising its rarely used rule-making authority, announced that it has submitted a proposed rule to the Federal Register that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA).

The proposed rule would require all employers covered by the NLRA to post an 11-by-17 inch poster where it normally posts required employee notices. Further, employers who regularly communicate electronically with employees would also be required to distribute an electronic version of the poster. The poster would be provided for download on the NLRB website, as well as in hard copy form at NLRB regional offices. Under the proposed rule, failure to comply with the posting requirements would be considered an unfair labor practice under Section 8(a)(1) of the NLRA. In addition, and in situations where an employer has knowingly violated the requirement, this could be used by the NLRB as evidence of unlawful anti-union animus in NLRB unfair labor practice proceedings in which employer motive is at issue.

The full content of the proposed poster can be found at: www.nlrb.gov.

 

The Notice of Proposed Rulemaking provides for a 60-day comment period. This comment period runs through February 22, 2011. Comments can be submitted via mail, hand delivery, or by accessing www.regulations.gov. The Docket Folder Summary containing the full text of the proposed rule within the federal register and direct access to the comment entry section can be found here.
The NLRB approved the proposed rule over the dissent of its lone Republican, Brian E. Hayes, who argued that the posting requirement is beyond the scope of the NLRB’s authority to issue “such rules and regulations as may be necessary to carry out the provisions” of the NLRA.