Everything You Need to Know About the New NLRB Posting

Back in February I wrote a blog about a potential new NLRB posting requirement. At the time the NLRB was seeking comments on the new posting prior to implementing it. Now that the commenting process is complete, the NLRB has announced that all companies, with an impact on interstate commerce, post the new requirements titled “Employee Rights Under the National Labor Relations Act.”

In the February blog, one of my concerns was that the draft version of the poster featured 15 bullet points that were pro-union and 4 bullet points that were pro-company. The final version is somewhat improved. There are now 14 pro-union bullet points and 5 pro-company bullets.

On one side, there really isn’t any new information here and all of it is easily available on the internet. An article on this new requirement in the Huffington Post states:

“The National Labor Relations Act is a 76-year-old law that outlines workers' rights to unionize and bargain collectively in most private-sector workplaces. The fact that the board would want Americans aware of these rights is apparently seen by some as catering to labor unions.”

While it is true that this notice doesn’t include anything new and is likely to get lost on the already overflowing bulletin boards of most employers, it has phenomenally bad timing. Republican congressional leaders are now threatening to defund the NLRB over this and other recent actions (like the Boeing case), and this can’t look good for President Obama as he advocates for the reduction of anti-business regulations.

Politics aside, employers must follow the requirements of the new law by November 14, 2011. The requirements are simple: Go online, find the new posting, print it and put it on your bulletin board. To do this, the NLRB has provided two options, one is 11x17 or if you have a small printer, you can print the two page 8.5x11 version and tape it together. In an amazing show of compassion, the NLRB will also allow those without internet access (or maybe a lack of paper) to go to the nearest NLRB office where they can receive their free copy.

In a nod to the fact that some companies utilize the internet, if you normally post your employee information on line, then you need to provide a link to this posting. To make it easier on our friends, we’ve included the following links:

NLRB posting 11x17 version
NLRB posting 8.5x11 version

Again, the due date for this new posting is November 14th and we’re looking forward to seeing it the next time one of us stops by to visit you. HRM Innovations, LLC is available to help with any questions you may have on HR or Management related topics and can be contacted at: Kevin@HRMInnovationsllc.com or 269-615-4821.

What’s the NLRB up to Now?

Apparently the National Labor Relations Board has recently realized that not all employees know their rights under the National Labor Relations Act (NLRA) and that employers don’t have big enough bulletin boards. To help with that, they have created a proposed posting that will explain workers’ rights under the act. The new posting has not been finalized and an open period for comments runs until February 22nd.

On one hand, if this is implemented, I think that most employees are barely going to notice one more legal posting on their employer’s already full to the brim bulletin boards. On the other hand, if you have a workforce that is dissatisfied and have the potential for a union campaign in your organization, this could be significant.

I’ve read the posting and, for the most part, it simply states the rights of employees under the law. (View posting here) This same information is readily available on the internet or in most union organizing brochures.

One criticism of the posting is that it heavily favors unions, not employers. To confirm that concern, I counted the bullet points in the posting to determine which side was best represented. The results? There are 15 bullet points that are pro-union and 4 bullet points that are pro-company. To be fair, the NLRA wasn’t written to protect companies, but to protect employees. I’m reminded of one of my college labor relations professors who, when asked how they dealt with union organizers back in the day, simply stated: “We hired thugs to beat them.”

Obviously we’ve come a long ways since then, but if you’ve ever been involved in a union campaign, you know that there’s a lot of peer pressure and intimidation that takes place. What I would like to see is more balance. For example, if required, the posting should include bullet points on how to decertify unions as well as a disclaimer that unionizing just starts the negotiations process; it certainly doesn’t guarantee higher wages or benefits.

If you are concerned about the contents of the posting or of the size of the bulletin boards being required, contact the NLRB with your comments. If not, this may be a great time to buy stock in your favorite bulletin board supply company.