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Employers—Prepare to Inform Your Employees of Their Right to be in a Union
Free up bulletin board space and electronic sites for the latest and most controversial ever government-required poster, notifying employees of their union-related rights. The National Labor Relations Board (NLRB) has issued a rule requiring most employers (profit and nonprofit) to post an 11-by-17-inch notice informing employees of their legal rights to "organize, form, join or assist a union" and "bargain collectively" with their employer. The notice will also inform employees that they have the legal right not to participate in union activities. The new posting requirements will go into effect November 14, 2011.
The NLRB believes that many employees protected by the National Labor Relations Act (NLRA) are unaware of their rights under the statute and that the rule will increase knowledge of the NLRA among employees, in order to better enable their exercise of rights under the statute. A fair conclusion from the Board's statement is that it believes that this effort to educate workers about their rights will lead to more union representation, which is currently well below 10% of private sector employees.
The NLRB also attributes low union membership to the growing number of immigrants in the workforce, many of whom it believes are not aware of their rights. If at least 20 percent of your employees speak a foreign language, the rule requires that translations be provided. There are also provisions for communicating the information to employees who work remotely and at construction sites.
Beginning in November, regional NLRB offices (including Minneapolis) will supply free copies of the poster, or employers can download the poster from www.nlrb.gov. Employers must physically post the notice where they customarily display other personnel rules and procedures, including any intranet or internet site that they would typically use to communicate such rules and procedures to their employees.
All covered employers under the NLRA must post the notice, even if their employees do not have union representation. Failure to comply is an unfair labor practice. While there are no fines or penalties for a violation, the NLRB can enforce the posting requirement in court. The NLRB promises to prosecute violators that do not informally agree to comply, and "may consider a knowing and willful refusal to comply with the requirement to post the employee notice as evidence of unlawful motive." The poster will also educate employees about illegal employer and union conduct under the NLRA and will advise them to contact the nearest NLRB office to learn more about their rights and how to file charges.
Take this new requirement seriously. If the NLRB is correct that employee ignorance of their rights explains declining union membership, we expect to see increased organizing activity. Workers vote for representation in more than half of the elections when they seek to organize.
Please join us for an upcoming seminar. Save November 3, 2011, for a complimentary program we will offer at Maslon to help you learn more about this important development affecting virtually all employers. If your preference is that your employees not choose union representation, we will offer important and practical takeaways to help you legally implement your strategies. An invitation will follow in the next few weeks.
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