A new rule from the National Labor Relations Board (NLRB) is being touted by the agency as a moderate measure aimed at ensuring that workers understand their rights, but it’s drawing fire from some employers who call it a “punitive new rule” from a federal agency overreaching its authority.
The NLRB issued a final rule on August 25 that will require employers to notify employees of their rights under the National Labor Relations Act (NLRA) as of November 14. The Board has posted a fact sheet on its website with details about the new posting requirements.
Private-sector employers, including labor organizations whose workplaces fall under the NLRA, will be required to post an employee rights notice where other workplace notices are typically posted. Further, employers that post notices to employees regarding personnel rules or policies on an Internet or intranet site will be required to post the NLRB notice on those sites.
The notice states that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities, according to the NLRB. The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.
The rule is drawing harsh criticism from employers. The National Federation of Independent Business (NFIB) labeled it “punitive” on its website and said it “sets up a ‘gotcha’ situation for millions of businesses which are unaware of the new rule or unable to immediately comply.”
“Just when we thought we had seen it all from the NLRB, it has reached a new low in its zeal to punish small-business owners,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “Not only is the Board blatantly moving beyond its legal authority by issuing this rule, it is unabashedly showing its spite for job creators by setting up a trap for millions of businesses.”
Union leaders are praising the measure. “The rule is a responsible and much-needed step,” AFL-CIO President Richard Trumka said in a statement on the AFL-CIO website. “Just as employers are required to notify their employees of their rights around health and safety, wages and discrimination on the job, this rule gives clear information to employees about their rights under this fundamental labor law so that workers are better equipped to exercise and enforce them.”
The new rule comes amid other recent NLRB actions that have raised concerns from employers. In July, the Board held hearings on a proposed rule that would shorten the time between a labor petition and a representation election. Employer representatives spoke out against the rule, saying it would hand unions an unfair advantage over employers.
The NLRB also has been accused of harboring antiemployer attitudes because of action it took against Boeing Corp. in the wake of the aerospace giant’s decision to locate a major production line in a nonunion plant in South Carolina instead of in the company’s unionized operation in Washington state.