New Posting Proposed, Would Be Mandatory

Though still in the comment period, it appears there could be a new mandatory federal posting looming. As always, you can trust the Indiana Chamber to keep you informed and to release new sets if this new posting is adopted. HRWatchdog posts:

The National Labor Relations Board (NLRB) proposed the new posting requirement in a Notice of Proposed Rulemaking submitted for publication in the December 22, 2010, Federal Register.

The new posting requirement would cover all employers subject to the National Labor Relations Act (NLRA), and would require posting of employees’ right to unionize under the NLRA. This posting would be mandatory in most all workplaces, regardless of whether union employees are present in the workplace. The posting requirement is similar to one that is now required for government contractors.

Employers may comment on the proposed rule during a 60-day comment period.

The new posting, as proposed, would include information on employees’ right to:

Organize a union;

  • Discuss terms and conditions of employment;
  • Take action to improve working conditions; and
  • Strike and picket. 

The posting would also have to include conduct prohibited by the NLRA, such as:

  • Prohibiting employees from soliciting for a union during non-work time;
  • Firing, demoting or transferring employees because of their support for a union; and
  • Threatening to close the workplace if employees unionize.

Finally, the new posting, as proposed, would require information on activities that the NLRA prohibits unions from undertaking:

  • Threatening loss of job unless the union is supported;
  • Refusing to process a grievance because of union criticism by an employee; and
  • Taking adverse action against an employee based on whether or not the employee has joined or supported a union.

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