Labor Unions

Employee Rights Posting Postponed Yet Again- Now Required by April 30, 2012

Wednesday, January 18th, 2012

For the second time, the National Labor Relations Board (NLRB) postponed the effective date for posting its employee rights notice. The new date is April 30, 2012. Most private-sector employers including dealerships must post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” The poster informs employees of their rights to organize a union, bargain collectively through representatives chosen by the employees and to make efforts to improve the terms and conditions of their employment. The poster requirement was initially scheduled for implementation on November 14, 2011, but was delayed until January 31, 2012, as a result of litigation filed by various organizations.  On December 23, 2011, the NLRB said it would delay implementation to April 30, 2012, in response to a request by a federal court judge hearing  a legal challenge to the poster requirement. However, because this issue remains in litigation, there is a chance that this posting deadline will be delayed at least one more time. Employers who have already posted the notice may take it down or leave it up as they chose at this point.

It is not uncommon for a federal or state agency to  make a rule and then have it challenged in court or even to have the agency delays to seek further comment and clarification.  The Red Flags Rule is a perfect example of multiple delays before the final implementation date was settled on.

If you would like a copy of the proposed Employee Rights Notice go to https://www.nlrb.gov/poster.  KPA’s HR Management clients will find the notice in the “Toolkit Section”.

NLRB Delays NLRA Employee Rights Notice Posting Requirement Until January 31, 2011

Tuesday, October 11th, 2011

The National Labor Relations Board  has pushed back the requirement to post a notice advising employees of their rights under the National Labor Relations Act from November 14, 2011 until January 31, 2012. A number of trade and industry groups have challenged the posting requirements include NADA.
The NLRB website states “as of January 31, 2012, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. View the final rule in the Federal Register.”

 

Unionized or Not, NLRB Rules Apply to Dealerships

Thursday, September 1st, 2011

On 8/25/11, the National Labor Relations Board (NLRB) issued the final rule that requires nearly all private-sector employers to post a notice notifying employees of their rights under the National Labor Relations Act (NLRA).  Agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time but auto, truck and equipment dealers must post the notice.  The deadline for posting the notice is November 14, 2011 however the NLRB hasn’t provided a final version of the required poster at this time although a draft is availalbe at https://www.nlrb.gov/
Remember that many  NLBR rules apply to non-unionized organizations with some exception for “very small business”- you should consult with your attorney or finance advisor to determine if your business is a “very small business”.

The NLRB (National Labor Relations Board) has been very active in 2010.  In May the NLRB issued a complaint against a Chicago area dealership for allegedly illegally firing an employee for critical comments regarding the dealership posted to Facebook. http://www.nlrb.gov/news/chicago-car-dealership-wrongfully-discharged-employee-facebook-posts-complaint-alleges.   Having a social media policy is a good idea, but given the current regulatory climate make sure that the policy has been reviewed and approved by an attorney who is very familiar with the NLRB position on social media usage as a protected activity.