The NLRB Proposes Additional Burdens on Employers

Every employer needs to be aware of recent developments at the National Labor Relations Board that are sure to increase union activities. In two moves reported on December 21, 2010, the Board proposed a rule to require employers to post a notice of employee rights under the National Labor Relations Act and the acting General Counsel to the Board, Lafe Solomon, announced an initiative to systematically seek aggressive remedies in response to charges that an employer engaged in impermissible conduct during a union organizing campaign. In addition, the Obama Administration just announced on January 5, 2011 that it has nominated Mr. Solomon to be General Counsel at the Board. All of these moves show that the Board is posed to make union organizing easier. Indeed, almost every decision that has been made by the NLRB during the past several months has been in favor of labor.

On December 21, 2010, the Board issued a Notice of Proposed Rulemaking to require employers covered by the NLRA, and meeting the Board’s discretionary jurisdiction standards, to post notices informing employees of their rights as employees under the Act. There is a 60-day period for public comments before a final rule is implemented. The proposed rule would require such notices to be placed in conspicuous places and by electronic means, if the employer customarily uses such methods to communicate with employees.