NLRB Issues Final Rule Requiring Employers to Post Notice to Inform Employees of Union Related Rights
In January of this year we sent a Client Alert regarding proposed rule making by the National Labor Relations Board (“NLRB”) which, if adopted, would require employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The proposed rule has now become final. As we noted then, this is a move by the Obama Administration to ensure that all employees of businesses covered by the NLRA will be able to read about their rights to unionize on their employer’s bulletin board in a notice that must be posted at all times in the workplace. The notice, among other things, states that employees have the right to:
- Organize a union to negotiate with the employer concerning wages, hours and other terms and conditions of employment
- Form, join, or assist a union.
- Discuss wages, benefits and terms and conditions of employment or union organizing with coworkers or union.
- Take action with one or more coworkers to improve working conditions by raising work related compalints directly with the employer or with a government agency and seek help from a union.
- Strike and picket.
- Choose not to do any of these activities.
- Organize a union to negotiate with the employer concerning wages, hours and other terms and conditions of employment
- Form, join, or assist a union.
- Discuss wages, benefits and terms and conditions of employment or union organizing with coworkers or union.
- Take action with one or more coworkers to improve working conditions by raising work related compalints directly with the employer or with a government agency and seek help from a union.
- Strike and picket.
- Choose not to do any of these activities.
The poster also informs employees of their right to solicit during their non-work time, to be free of interrogation and discrimination related to union activities, and to wear union hats, buttons, tee shirts, and pins. It also informs employees that the employer cannot promise or grant benefits to discourage employees from unionizing, or spy on or videotape peaceful union activities.