NLRB Unionization Posting Rule Takes Effect

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Rule fails to describe consequences of exercising the rights to unionize.

From PA Chamber of Business & Industry

Last week, the National Labor Relations Board issued its final rule requiring most private-sector employers to notify employees of their rights to form, join or assist a union and engage in collective bargaining. The rule takes effect on Nov. 14, 2011.

The notice of rights will be provided at no charge by NLRB regional offices or can be downloaded from the board website and printed in color or black and white. Translated versions will be available, and must be posted at workplaces where at least 20 percent of employees are not proficient in English.

More information about the new requirements is available here.

In February, the PA Chamber sent a letter to the NLRB expressing opposition to the rule, which the business community views as biased, in conflict with the National Labor Relations Act, and as presenting numerous practical problems.

Specifically, the PA Chamber voiced concern that the rule failed to describe any of the consequences of exercising the rights to unionize, such as giving up the right to deal directly with the employer. It also does not mention the important right to object and refuse to pay union dues or fees for political purposes, nor does it describe the right to decertify or leave a union.

There are also questions as to whether NLRB has the statutory authority to adopt such a rule, which is yet another example of the agency’s over-reaching agenda that favors the interests of big labor over private-sector employers.