NLRB Delays Employer Requirement To Post Union Rights.


The National Labor Relations Board postponed the start date of a rule requiring employers to post a notice informing workers of their rights to join a union, citing confusion among businesses about whether the rule applied to them.

The provision will take effect Jan. 31, 2012, instead of Nov. 14 of this year. It is widely opposed by business groups that say the board is using the poster to unfairly promote unionization.

The delay will allow for “enhanced education and outreach to employers, particularly those who operate small and medium-sized businesses,” the agency said Wednesday.

The rule applies to employers bound by the National Labor Relations Act, which includes most of the nation’s private-sector companies. But an NLRB spokeswoman said Wednesday that many private-sector employers mistakenly think they are excluded “because they don’t have a unionized work force.”

Employers of airline, railroad and agricultural workers are exempt because they aren’t bound by the law the NLRB enforces. The agency chose to exempt “very small employers” from the rule, though business officials have said who falls under that exemption was unclear.

Several business groups including the U.S. Chamber of Commerce have sued to block the rule, alleging it oversteps the NLRB’s authority. The NLRB has said it is acting within its rights and noted the poster also informed employees about their right not to unionize.

The educational campaign will target industries and employers that have made the most inquiries with the board, such as landscaping businesses wondering if they fall under the agricultural exemption, and employers with many work sites unsure about whether to post at each location. They should post the notice at each location, the NLRB spokeswoman said.  Source:  Melanie Trottman.  WSJ.

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Posted on October 6, 2011, in Labor Relations and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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