Think your posting area for legally required employee notifications is crowded? Well, it’s about to get a little more so.
The National Labor Relations Board (NLRB) has issued a final rule that will require almost every private employer — whether unionized or not — to notify employees of their rights under the National Labor Relations Act (NLRA). The requirement kicks in Nov. 14, so now is the time to get up to speed on your obligations, under both the rule and the NLRA.
An NLRA Refresher
The mandatory notice resembles one required by the Department of Labor for federal contractors and actually provides a useful refresher course on the NLRA’s requirements.
As the notice states, under the NLRA employees have the right to:
- act together to improve wages and working conditions
- form, join, and assist a union
- bargain collectively with their employer
- refrain from any of these activities
Get the new NLRB poster and more with our California Required Notices Package.
The notice provides examples of unlawful labor practices, explaining that is illegal for an employer to:
- prohibit employees from talking about or soliciting for a union during nonwork time, such as before or after work or during break times, or from distributing union literature during nonwork time in nonwork areas, such as parking lots or break rooms
- question employees about their union support or activities in a manner that discourages them from engaging in that activity
- fire, demote, or transfer employees, reduce their hours or change their shifts, or otherwise take adverse action against them — or threaten to take any of these actions — because they join or support a union, engage in concerted activity for mutual aid and protection, or choose not to engage in any such activity
- threaten to close a workplace if workers choose a union to represent them
- promise or grant promotions, pay raises, or other benefits to discourage or encourage union support
- prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances
- spy on or videotape peaceful union activities and gatherings or pretend to do so
Tomorrow, we’ll look at some examples of unlawful union conduct, and explain the new posting requirement in more detail.
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