NLRB Employee-Rights Rule Due to Take Effect this April

From the 30th of April, 2012, most employers in the US private sector will be required to display posters stating the rights of workers to form a union. The National Labor Relations Board (NLRB) rule states that under federal regulation, an 11 by 17 inch poster must be displayed in a prominent position, informing each employee of their rights to engage in collective bargaining and form a union. This regulation will apply to both non union and union workplaces.

The NLRB Employee-Rights posting rule has gathered some controversy and has been challenged by a number organisations including the National Federation of Independent Business (NFIB) and the National Association of Manufacturers (NAM). The National Federation of Independent Business (NFIB) and the National Association of Manufacturers (NAM) argued that the National Labor Relations Board’s Employee-Rights notice posting regulation is in violation of an employers First Amendment rights, and the organisations filed a complaint in the US District Court. Judge Amy Berman Jackson, the US District Court Judge for the District of Columbia, rejected the argument and upheld the National Labor Relations Board’s Employee Rights posting requirement rule.

Government owned corporations including the U.S. Postal Service and the Federal Reserve System are exempt from the NLRB Employee Rights posting rule. In addition stock brokerage firms, airline and agricultural employers and professional sports teams are also exempt from the ruling.

The National Labor Relations Board is an independent five member federal agency which has been authorized by the US Government to protect employee rights, ensure employer and union rights and obligations are upheld and promote jurisdictional standards. The NLRB conducts elections, investigates charges, decides cases, facilitates settlements and enforces orders. The current National Labor Relations Board memebers are Mark G. Pearce (Chairman), Sharon Block, Richard Griffin, Brian Hayes and Terence F.Flynn. The President of the United States, with the consent of the Senate, appoints the board members for a five year term.

References for this article: The National Labor Relations Board and JDSUPRA

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