NLRB Takes ‘Major Step’ with New Notice Rule

December 22, 2010 - by: HR Hero Alerts 4 COMMENTS

The National Labor Relations Board (NLRB) took “a major, but not unexpected, step” Tuesday when it announced a new proposed rule that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA). Among other things, employers would have to let employees know that they have the right to “[t]ake action with one or more co-employees to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from the union,” as well as engaging in strikes and picketing. Covered businesses would be required to place a government-furnished poster — “Employee Rights under the National Labor Relations Act” — in prominent places in their work site and electronically, if that is the usual means of communicating with employees.

“The NLRB has never tried to impose — on all employers — such a notice requirement,” says J. Robert Brame, a Washington, D.C. attorney with McGuireWoods LLP and co-editor of Federal Employment Law Insider. In effect, the NLRB is creating a new unfair labor practice (ULP) — failure to post a new Board-drafted notice. The assumed ‘employee lack of knowledge’ was addressed earlier in one of President Obama’s first executive orders, but it was limited to federal contractors. This goes much, much further.”

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NLRB Proposes New Employer Posting Requirements

December 21, 2010 - by: HR Hero Alerts 0 COMMENTS

Today, the National Labor Relations Board (NLRB) announced that it has submitted a proposed rule to the Federal Register that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA). Under this rule, employers governed by the NLRA would have to post an employee rights notice in the same place that they post other workplace notices (such as safety, wage and hour, and antidiscrimination notices). Employers that primarily communicate with their employees electronically also would have to post the notice electronically.

The proposed notice states that employees have the right to: read more…

Categories: Labor organization / NLRB

What Louisiana Election Results Mean for Employers

November 03, 2010 - by: HR Hero Alerts 0 COMMENTS

by Mark Adams

At first glance, nothing significant came out of Louisiana’s midterm elections. There were no Tea Party candidates to create excitement. Republicans and Democrats each lost a U.S. House seat and won a seat they hadn’t controlled, so we didn’t contribute to the change of control in the House. However, the Republican takeover of the House and the Democrats’ loss of their super-majority in the U.S. Senate will have a significant impact on the Democrats’ legislative agenda. As President Barack Obama said Tuesday morning, “My whole agenda is at risk.”

I predicted from the beginning that the Employee Free Choice Act (EFCA) would not survive a Republican filibuster even with a Democrat super-majority. After today, EFCA, the Paycheck Fairness Act, and any compromise measures are dead and buried; probably along with the rest of the administration’s labor and employment agenda.

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NLRB Issues Decisions on Electronic Notice, Compound Interest

October 26, 2010 - by: HR Hero 0 COMMENTS

Yesterday, the National Labor Relations Board (NLRB) released two decisions dealing with remedial policies. The first decision addressed compounding interest on back pay, and the second dealt with electronically notifying employees and union members about NLRB orders in unfair labor practice cases.

In Kentucky River Medical Center, 356 NLRB No. 8, the NLRB unanimously adopted a new policy under which interest on back pay must be daily compounded. Compound interest effectuates the remedial policies of the National Labor Relations Act (NLRA) better than simple interest, according to the Board. The NLRB also noted that compound interest is normally used in private lending practices and for monetary obligations imposed by federal law, including obligations under the Internal Revenue Code.

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NLRB Puts Out Feelers on Remote Electronic Voting

June 11, 2010 - by: HR Hero 0 COMMENTS

It appears the National Labor Relations Board (NLRB) has started to lay the groundwork for off-site Internet elections for employees to determine whether they wish to be represented by a union. The first sign of this development was a Request for Information (RFI) published by the NLRB on June 9, 2010.

In the RFI, the NLRB seeks proposals from the information technology industry regarding the establishment of “secure electronic voting services,” which it describes to include telephone, Web-based, and/or on-site electronic voting. Specifically, the Board says it is “seeking industry solutions regarding the capacity, availability, methodology and interest of industry sources for procuring and implementing secure electronic voting services both for remote and on-site elections.” It appears the Board is looking for information regarding the feasibility, secrecy, observability, accountability, and auditability of electronic elections before implementing any sort of rulemaking process.

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Prounion Rule Expected to Boost Unions at Airlines, Railroads

May 18, 2010 - by: HR Hero 0 COMMENTS

The National Mediation Board (NMB) has finalized a new rule that is expected to make unionization easier for airline and railroad workers, but an airline industry group has filed a lawsuit to try to stop the change.

The NMB, which regulates labor issues at airlines and railroads, changed its rules so that unions will need to win only a majority of votes cast by workers who bother to vote in the election instead of having to win a majority of votes cast by all workers eligible to vote. The new election procedures are set to go into effect for union applications filed on or after June 10. The NMB published the final rule in the Federal Register on May 11.

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