Labor Agency to
Require Posting Unionization Rights
Published: August 25, 2011 - New York Times
The National
Labor Relations Board issued new regulations on Thursday that require
companies to post notices on their bulletin boards that inform employees about
their rights to unionize under federal law.
Noting that many workers are unaware of these rights, the board said the new
regulations aim to make it easier for workers to exercise their rights under the
National Labor Relations Act, which sets rules for unionization efforts. The
board said this new
notice requirement also seeks to promote compliance by employers and labor
unions.
The labor board originally proposed the regulations last November, and the
proposal has faced widespread criticism from the business community, which has
said the move was part of the boardfs pro-labor tilt under President Obama.
When the board issued its original proposal, Randel K. Johnson, senior vice
president for labor policy at the United States Chamber of Commerce, said:
gThese actions are consistent with a general ramp-up of enforcement against
employers we are seeing across the board.h
Under
the new rule, employers that customarily post notices to employees regarding
personnel rules on an Internet or Intranet site will be required to post this
new notice on those sites
The board issued the rule after receiving more than 6,500 comments from the
public. The board noted that in response to those comments, it had modified its
original proposal so that employers would not be required to distribute the
notice via e-mail, voice mail or text messaging.
This is the first time since Congress passed the labor relations act in 1935
that the board would broadly require private-sector employers to post notices
about employeesf rights under the act. Agricultural, rail and airline employers
would not be covered by the new rule.
The United
States Labor Department has already begun requiring federal contractors to
post similar notices about employeesf right to unionize.
gEvery working person in America deserves to know his or her rights,h Richard
L. Trumka, the A.F.L.-C.I.O.fs president, said when the board originally
proposed the regulations. gThis rule ensures that workersf rights are
effectively communicated in the workplace. It is necessary in the face of
widespread misunderstanding about the law and many workersf justified fear of
exercising their rights under it.h
The labor board has come under heavy attack from Republicans and the business
community in recent months. The most criticized move was the decision of the
boardfs general counsel to accuse Boeing of illegally retaliating against
unionized workers in Washington State by deciding to build a new $750 million
aircraft assembly plant in South Carolina.
The labor board has also come under fire for proposing regulations to speed
up unionization elections, a proposal that business groups say will deny
employers the ability to adequately explain to their workers the disadvantages
of joining a union. Labor unions have hailed the proposal, saying it will reduce
undue delays and interference by employers.
The board said that unionized and nonunion employers would have to post the
new notice on rights to unionize because these rights apply to workers at union
and nonunion workplaces and because private-sector employers are subject to the
labor boardfs jurisdiction.