You now have until January 31, 2012, to post the NLRB’s notice informing employees of their union rights under the National Labor Relations Act. For those of you who want to learn more about this rule and the posting requirements, please attend our seminar, put on with HR Systems. The seminar is scheduled for Thursday, November 3, at the west campus of Bellevue University, Lozier Center, 2810 North 118th Street, Omaha.
Who does the Rule apply to?
The rule has very broad application. It applies to retail employers who have a gross annual volume of $500,000, including home constructors. It also applies to nonretail employers with an annual outflow of $50,000 or more. Chances are very good that this new rule will apply to your company.
What are the posting requirements?
The rule requires you to:
• Print the notice on 11×17 paper (the poster can be found here);
• Post the notice in a conspicuous place;
• Provide a translated notice if 20% of employees speak a language other than English; and
• Provide the notice electronically if you customarily communicate personnel rules or policies electronically through an intranet or internet site.
Can I post my own notice?
Absolutely. We are recommending that employers post two notices. The one required by the NLRB and their own that explains that employees do not have to be involved with a union. Let me know if you’d like a copy of the employer’s notice.
What happens if I don’t comply with the Rule?
The NLRB has indicated that its enforcement goal is to get the notice posted. If a complaint is filed, the NLRB will order the employer to post the notice. If the employer is found to have knowingly refused to post the notice, it could be considered an unfair labor practice. And, if the refusal to post the notice is coupled with an employee complaint, it may be very difficult to defend.
Is there any chance the Rule will not go into effect?
There is a chance that a federal court may knock down the rule. Lawsuits were filed, by the National Federation of Independent Business (NFIB); the National Association of Manufacturers (NAM); and the Chamber of Commerce of the United States and South Carolina Chamber. No rulings have come from these cases, yet.
If you would like to attend the seminar on the NLRB’s notice rule, just give me a call, 402.397-7300.