In the December 22, 2010 edition of the Federal Register, the National Labor Relations Board (NLRB) proposed a rule that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA). More specifically, employers would be required to notify employees of their right to organize a union, to join or assist labor organizations, to bargain collectively, to engage in other concerted activities, to refrain from such activities, and the NLRB’s role in protecting statutory rights. Under the proposed rule, employers would be required to post the employee rights notice where other workplace notices on various required topics, e.g. Title VII, Fair Labor Standards Act, Occupational Safety and Health Act, Americans with Disability Act, are typically posted. However, if an employer communicates with employees primarily by e-mail or other electronic means, the NLRB would also require the employer to post the notice electronically. In addition, if a significant portion of an employer’s workforce does not speak English, the employer must provide the notice in the language that the employees speak. The proposed rule would apply to all employers who are subject to the NLRA, which includes most private-sector employers and labor organizations. It also would apply to employers who are presently organized by labor unions. Please note that employers of airline, railroad, and agricultural workers are not covered under the NLRA.

Under the proposed rule, if an employer fails to post said notice of employee rights, then the following can be awarded as a penalty: (1) the NLRB can consider such behavior an unfair labor practice under Section 8(a)(1) of the NLRA; (2) NLRB can use such conduct as evidence of an employer’s unlawful motive in unfair labor practice cases; (3) it could toll the six-month statute of limitations for filing unfair labor practice charges.

There is a sixty (60) day comment period for this proposed rule, which ends on February 22, 2011. Please note that employers are not presently required to comply with this proposed rule. A final rule is expected to be issued in the spring of 2011.

If you have any questions about the implications of this new legislation for your workplace, please contact: