Hunton Employment & Labor Perspectives

On December 21, 2010, the NLRB issued a press release and fact sheet announcing its intention to publish in the Federal Register a proposed “rule” requiring virtually all private sector employers to post in the workplace a Notice to employees outlining their rights under the National Labor Relations Act. The proposed poster was published in the Federal Register on December 22, 2010.   Interested parties will have sixty (60) days from December 22nd to respond with comments regarding the proposed rule.

The poster entitled, “EMPLOYEE RIGHTS”, lists seven bullet points which, repetitively, state that employees have the right to organize, form or join a labor union and, again repetitively, state that they have the right to negotiate their wages, benefits and working conditions with their employer.  A separate bullet point also explains that employees have the right to act with each other to improve working conditions, raise work related complaints “directly” with the employer or with a government agency and, again, to form a union.  Another bullet states that employees have the right “to strike and picket.”  The last bullet advises that employees can, “Choose not to do any of these activities…”

Also included on the poster is a descriptive summary of seven types of illegal activity by employers and five types by unions.  The poster concludes with the warning that, “Illegal conduct will not be permitted,” along with a description of the NLRB’s authority and possible remedies which the Board can order.  Finally, it provides employees with contact information for the NLRB.

We encourage our readers to carefully review the broad and repetitive poster and consider making comments.  We are in a position to assist our clients and others who may wish to submit comments.