NLRB Pushes to Require Employers to Notify Workers of Union Rights
- Posted on December 21, 2010 at 5:27pm by
Meredith Jessup
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As the number of private sector union members continues to fall (currently at just 7.2 percent of the private workforce), the National Labor Relations Board (NLRB) — an independent organization established by Congress to mediate labor disputes — is now urging the federal government to enact regulations that would require employers to notify workers of their right to unionize:
The National Labor Relations Board has submitted to the Federal Register a Notice of Proposed Rulemaking, which provides for a 60-day comment period. The rule would require employers to notify employees of their rights under the National Labor Relations Act.
As the Notice states, the Board “believes that 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 the employee rights notice where other workplace notices are typically posted. If an employer communicates with employees primarily by email or other electronic means, the notice would be posted electronically as well. The notice would be available from the agency’s regional offices and could also be downloaded from the NLRB website.
The Associated Press notes that the move will likely please union leaders who have been pushing the Obama administration for more pro-union policies, including the so-called Employee Free Choice Act, which has failed to garner support in Congress:
The planned rule, announced Tuesday by the National Labor Relations Board, would require businesses to post notices in employee break rooms or other prominent locations to explain a worker’s rights to bargain collectively, distribute union literature or engage in other union activities without reprisal.
The move to issue a broad rule signals a more aggressive posture by the labor board, which usually makes policy on a case-by-case basis in individual labor-management disputes.
It comes less than a year after President Barack Obama made several recess appointments to give the board its first Democratic majority in a decade. Obama’s appointments to the board were held up for months over GOP concerns that one nominee — former AFL-CIO counsel Craig Becker — would be too sympathetic to unions.
As unions struggle to pass pro-labor legislation in Congress, leaders are increasingly looking to the labor board and other federal agencies to help reverse what they view as an increasingly hostile atmosphere for organizing new members.
Keith Smith, director of labor policy for the National Association of Manufacturers (NAM), noted Monday that with another year of the Obama administration coming to an end, a look back at its labor agenda so far reveal an avoidance of legislative action and favor bureaucratic regulation:
Specifically the agenda includes:
- A new regulatory proposal that would require companies to disclose to both independent contractors and employees alike a description of their status as either an employee or independent contractor. While few details are offered on this expected regulatory endeavor it appears to place new requirements on employers to disseminate information to employees. This regulation appears to be very similar to legislation, the Employee Misclassification Prevention Act, offered by Sen. Sherrod Brown (D-OH) and Rep. Lynn Woolsey (D-CA).
- Information on proposals expected from the Office of Labor Management Standards that would require employers to disclose the details of when they engage in “persuader activities” and plans to “reconsider” (i.e. limit) the types of efforts engaged by employers to comply with labor laws that are not currently required to be disclosed. Note: the administration previously removed a set of disclosure requirements for union organizations citing the burden they posed for labor leaders to comply.
- An update on OSHA’s efforts to mandate an expansive safety and health program standard through what has been called the “Injury and Illness Prevention Program”
- An indication that OSHA intends to finalizing their proposed rulemaking to allow citations to be issued for certain small businesses that wish to work proactively with the agency to ensure that they are compliant with existing OSHA standards and regulations – a move that would deter participation in a very effective program.
As we’ve stated… more regulations from the Executive Branch produce a lot of uncertainty for employers, to whom unnecessary costs represent an obstacle to economic growth.
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Comments (82)
poverty.sucks
Posted on December 21, 2010 at 6:58pmWe the people have the right to demand this administration to secure our borders, yet you Socialist Liberal Progressive No label Leftist are too ignorant to do so.
Report Post »oldchevyguy
Posted on December 21, 2010 at 6:42pmAfter being a union member for over 40 years,with the exception of 2 years military with a tour in Viet Nam,unions do nothing for the member and everything for the leaders.The behind closed doors meetings with management does nothing for the membership.Eventually all union members will fear their union over management.
Report Post »Rn mom
Posted on December 21, 2010 at 6:41pm“The move to issue a broad rule signals a more aggressive posture by the labor board, which usually makes policy on a case-by-case basis in individual labor-management disputes.” Well, it looks like businesses (I mean their lawyers)can now argue that the labor board is biased- good job, you just shot yourself in the foot.
Report Post »Living In NYC
Posted on December 21, 2010 at 6:40pmGee did some say TEMPS..yeah that all the collective bargaining union companies are hiring…working around the Unions!
It is only December 21st…the lame ducks still have time to Ram more progress screw-ups through!
CONSERVATIVES FOR GOD’S SAKE PLEASE WAKE UP!
Report Post »Will NV
Posted on December 21, 2010 at 6:39pmMaybe Congress wants a union too.
Report Post »We can’t fire them then.
Will NV
Posted on December 21, 2010 at 6:38pmI hope they close all union shops.
Report Post »I know I would if I was still in business.
Will NV
Posted on December 21, 2010 at 6:37pmWill just have to boycott union made products, GM Chrysler Ford etc.
Report Post »Sledgehammer
Posted on December 21, 2010 at 6:35pmJust tried to E-mail these fine fellows, my very speical seasons greetings, Their server rejected it! So an abridge cc: To NLRB, Merry Christmas, (this should have all but the most evil curled up in a ball) Drop dead! Sorry, it loses so much when self censored!
Report Post »oldchevyguy
Posted on December 21, 2010 at 6:32pmSo much for the NLRB being neutral.
Report Post »lordjosh
Posted on December 21, 2010 at 6:28pmI would put my own poster next to theirs;
“…and I have a right to fire you for forming a union”
Report Post »Management
oldchevyguy
Posted on December 21, 2010 at 6:24pmOnce we defund the FCC we might consider NLRB.Actually,just eliminate both with many more to come!
Report Post »beverlee
Posted on December 21, 2010 at 6:13pmShhhhh! Net Neutrality Passed…ya best be careful what you say…by the way…my definition of a union…just someone else to take money out of your paycheck…
Report Post »Rogue
Posted on December 21, 2010 at 6:19pmUh oh, Bev. You just said N&t Nutr@li#y without disguising your words. You have now been placed on the FCC Watch List. Your file is already 30 pages thick and counting.
Report Post »beverlee
Posted on December 21, 2010 at 10:24pmThat’s okay Rogue…Net Neutrality, Net Neutrality, Net Neutrality…government is not meant to be feared it is meant to be embraced and cherished, and since do not live in Wilson’s (IHTG) America, I feel quite free to say “Smaller Government is Greater Government!” Merry Christmas to all!!!
Report Post »bcarron4
Posted on December 21, 2010 at 6:06pmThis administration prefers to regulate what it can’t legislate. We the People need to stop this nonsense.
Report Post »Bad Thunder
Posted on December 21, 2010 at 5:56pmlet me guess….the moderators on this website are unionized……..
Report Post »mtnclimberjim
Posted on December 21, 2010 at 5:50pmIf my employees start a union. I close up shop and move. I hate unions.
Report Post »vennoye
Posted on December 21, 2010 at 6:07pmI think that is another reason people are moving south…..more right to work states mean things are better for employees and employers alike!!
Report Post »SlimnRanger
Posted on December 21, 2010 at 10:43pmMtnClimber-when my kids were growing up i worked for a union i sure got my belly full i worked my butt off cause i had to in order to feed my wife and kids,but that wasn‘t the bad part the bad of it all was the lazy dudes that got by with all kinds of crap but wasn’t bad enough to fire them ,so a select few worked while others made fun of those that did work,i pray i never have to work in another Union job
Report Post »GRuss
Posted on December 21, 2010 at 11:51pmThey won’t let you close your business, they will force you to keep it open for the unions..
Report Post »SHOMESTATEJOE
Posted on December 22, 2010 at 5:16pmThey will have you and your business in federal court in a heart beat with all sorts of trumped up crap. happened to me twice. I prevailed both times but cost 35K in legal fees each time. You cannot get a fair shake anytime you deal with the NLRB, so one sided towards the unions.
Report Post »SND97
Posted on December 21, 2010 at 5:47pmNow just to be fair, do we also post that they have a right to get out of a union and how to do that?
Report Post »ETOOL USMC RECON
Posted on December 21, 2010 at 5:44pmThis will cause every employer that is afraid of the uncertainty of bin obama and his micreants…to RUN OUT AND HIRE LIKE MAD. Maybe not so much……
How about the NLRB notify all union members that :
Report Post »1) They don’t have to be in a union unless they want to
2) How much of their dues are spent for liberal anti-American causes
3) How union wages continue to go down….but the union bosses salaries go sky high
4) How the union ruins most work places with the place shutting down and the workers getting fired…but the union bosses still get theirs
etc etc etc
Another of the many groups that WASTE OUR MONEY that needs DROPPED LIKE A BAD HABIT.
commonsenseguy
Posted on December 21, 2010 at 5:51pmare you kidding!!!!!! that would the american way, these idiots are not americans, they are communist and the communist way is there where way are no way.
Report Post »DashRipRock
Posted on December 21, 2010 at 5:42pmI am only one, but I am one. I cannot do everything, but I can do something. And I will not let what I cannot do interfere with what I can do.
Report Post »Edward Everett Hale
DashRipRock
Posted on December 21, 2010 at 5:41pm‘Do you pray for the senators, Dr. Hale?’ No, I look at the senators and I pray for the country.
Report Post »Edward Everett Hale
Sledgehammer
Posted on December 21, 2010 at 5:40pmLet the games begin! Remeber these are the folk who advocate bringing a gun to a knife fight!
Report Post »bulletsinthegun
Posted on December 21, 2010 at 9:05pmthey bring a knife, i bring a gun, they bring a gun, I bring a bigger gun, so it goes, at 7.2% of the working force will they be missed?
Report Post »Armed Patriot
Posted on December 22, 2010 at 10:01amSledgehammer… Loved you in series PACIFIC. your a crazy badass.
Report Post »commonsenseguy
Posted on December 21, 2010 at 5:38pmmore union communist money to help create an left wing agenda with hard working americans sweat and hard labor.
this is a job killing agenda, if the american workers would stand up to these union goons, then we could run all of these left wing socialist lower than low commie loving idiots out of our great country and back to the little holes that they crawled out of!!!!!!!!
Report Post »ForMyKidsVA
Posted on December 21, 2010 at 5:37pmWhat a terrific idea this is!! I can hear all those CEOs saying, “Yes! I definitely want to set up shop in the US instead of manufacturing my goods/building my call center/etc/etc in a country where I can fire bad employees at will!”
Report Post »booger71
Posted on December 21, 2010 at 5:36pmMight as well just put a big sign in front of every business “Please create a Union Here”
Report Post »commonsenseguy
Posted on December 21, 2010 at 5:43pmwhen everyone is union, then what???? o yea, riots!!!!!!!! that is unions. 7.2 percent, and they are setting the agenda, 7.2-100=92.8 we can win if we can get these morons out of office.
Report Post »WILLIAM E.
Posted on December 21, 2010 at 5:35pmWhat is next forced unionizations !!!
Report Post »CatB
Posted on December 21, 2010 at 5:41pmCard Check … yes it is. Unless we stop this now!
Report Post »BoilitDown
Posted on December 21, 2010 at 7:41pmIf we don’t stand up now, yes, forced unionization is a very real prospect. Demanding the attention of corrupt socialistic politicians and then disposing of them are the first two items on the list.
Report Post »Cobra Blue
Posted on December 21, 2010 at 5:31pmBottom line: More and bigger unions is the goal of this government. Ever wonder where all the stimulus and bailout monies went. “Rights” is just another spin word used by the lib’s like safety and the children…..
Report Post »TXPilot
Posted on December 21, 2010 at 5:36pmI bet the Russians are laughing their asses off right now, watching the American people being forced into the Communist mold…..Stock up on toilet paper folks, so you won’t have to stand in line later for your monthly ration, like they used to in the old USSR.
Report Post »Bad Thunder
Posted on December 21, 2010 at 5:37pmyet another crock of $#!T to pay back the campaign bribes…….
Report Post »CatB
Posted on December 21, 2010 at 5:40pmPush .. this is what you get when government is full of socialists.
Report Post »Bad Thunder
Posted on December 21, 2010 at 5:48pmyou moderators must be a weak bunch of over sensitive liberals………there was nothing wrong with my last post
Report Post »Rogue
Posted on December 21, 2010 at 5:53pmIf is about education, lets take it one step further and fully educate the workers: require employers to notify workers how to DEUNIONIZE.
Report Post »Dirty Harry
Posted on December 21, 2010 at 5:56pmBad Thunder, I deleted your post because I don’t like your screen name. It’s just, strange.
Anonymous T. Irrelevant
Posted on December 21, 2010 at 6:00pmAnother acronym that our new Congress needs to defund-NLRB.
Report Post »pajamash
Posted on December 21, 2010 at 6:33pmFor cryin’ out loud! We know of our right to unionize. We just don’t want anything to do with those blood suckers!!!
Report Post »PubliusMM
Posted on December 21, 2010 at 6:57pmMore and bigger unions may be their goal. The likely outcome, however, will be further damage to the US economy, fewer jobs, and more aggregated wealth choosing to leave the country for friendlier climes.
Report Post »guyperram
Posted on December 21, 2010 at 7:05pmDo you know what happens to the unions after the marxist’s take power? They are permanently re-educated. In other words a small caliber bullet in the back of the head.
Do you know what happens to the Useful Idiots after the Marxest’s take power? See above.
I’ll bet you can guess what happens to most of the Idiots after they take power.
Oh yes, lets not forget the media, actors, bomb throwers, criminals, ****’s, mentaly deficent, cripples. They also get permanently re-educated.
Comrades, isn’t whats coming wonderful!
Keep your powder dry.
If you don’t believe this, it is easy to check out. Real history is very different than marxist history.
Report Post »Dustyluv
Posted on December 21, 2010 at 9:16pmI close my business before I let a Union in. Screw the thugs!
Report Post »nptden
Posted on December 22, 2010 at 1:20amAlong with posting your ‘rights’…they should also put up a notice of how much of your dues money will be allocated to anything they want, any candidate they want. Also should be noted is the liquidity of any pension plan they promise. Salaries of Union officials.
Report Post »oldoldtimer
Posted on December 22, 2010 at 11:07amRemember Obama put the top SEIU lawyer on the NLRB Board? This is the results. He was suppose to be a sub member but it turns out he is now dictating policy. He is issuing regulations that destroy business but protect and expand the communist unions. Business have lost more cases before the NLRB since he went there than at any time in history. Wonder why? Seems the union is always right. Can you say conflict of interest? But then that has prevailed through out the Obama administration.
Report Post »independentvoteril
Posted on December 22, 2010 at 12:37pmHere’s the thing.. where I was working the manufactruing section WAS union the supply side WAS union.. Office workers non-union.. office workers were treated BETTER and had MORE perks than the other 2.. also NO ONE in the office ever got fired.. or laid off.. When the GOVERNMENT stepped in and forced to sit management to sit down with unions and a government equalizer.. the company SOLD .. to a non-union company who closed all but the manufacturing side.. they also sold ALL their branches in UNION states.. Office workers got a small amount of money.. union workers NOTHING.. So there IS a way out for private companies that do not want to deal with unions.. close down and reopen.. might work out well for taxes also..
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