You May Need Bigger Bulletin Board--yep, here comes another legal posting!

Well, a federal district court upheld (3/2/12) a National Labor Relations Board's (NLRB) rule that requires employers to post notices informing workers of their right to join a union.  Several trade and business groups challenged the NLRB rule including The National Association of Manufacturers and the National Right to Work Legal Defense Foundation along with the National Federation of Independent Business.  

So, what is this poster?  It informs employees of their rights under the National Labor Relations Act (NLRA). It must be posted in a conspicuous places, informing them of their NLRA rights, together with Board contact information and information concerning basic enforcement procedures.    The notice state

"Under the NLRA), you have the right to: 

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. 
• Form, join or assist a union 
• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
• Discuss your terms and conditions of employment or union organizing with your co-workers or a union.
• Take action with one or more co-workers 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 a union.
• Strike and picket, depending on the purpose or means of the strike or the picketing.
• Choose not to do any of these activities, including joining or remaining a member of a union"

The notice also lists several examples of unlawful behavior under the NLRA and instructs employees how to contact the NLRB with questions or complaints.

Employers are also required to post the notice in a foreign language, if 20 percent or more of the employees in the employer’s workforce speak a language other than English.   The NLRB is translating the poster into 26 other languages.  The rule additionally requires that employers who regularly communicate with employees via electronic means, such as a company intranet site, also post the notice electronically, or provide a link to the NLRB site. 

The notice must be posted by April 30, 2012 and it must be an 11/x 17 paper.  The court struck down much of the enforcement in the original rule but it is clear that employers who fail to post the notice could face an individualized determination that failure to post the notice was unlawful. 

Oh, you can get the copies of the poster for free from the NLRB or download it a at Get poster from NLRB

Now, you may wonder if you are an employer required to post this--the answer is probably yes if you are a private employer.  There are several public-sector employees and others who are excluded--including workers employed by a parent or spouse.  Details are at the bottom of the poster. Also, the Board did agree to exempt the US Postal Service for the time being due to the organization's unique rules under the Act. 

Here's a link to read some of the FAQs: NLRB FAQ on poster

Yes, there still could be appeals.... 

And for a little light reading--and for your reference--here is the rule: NLRB rule on poster.

I'll publish some info on protected concerted activity. It can be tricky.  

New Poster again! The NLRB in 11x17 and on your intranet!

The National Labor Relations Board has issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice. The rule was placed of the Federal Register on August 25. It is scheduled to be posted in the Federal Register on August 30 and will take effect 75 days later.

The posting requirement, which takes effect on November 14, 2011 is intended to inform employees - both unionized and non-unionized - of their NLRA rights and is patterned after other required postings.

The rule will not apply to non-NLRA employers, including employers of railroad, airline, and agricultural workers. Federal contractors will also be required to post this NLRB notice as well as others.

Employers must post an 11-by-17 inch poster in the workplace and requires covered employers to post the notice on an internet or intranet site, if HR rules and policies are genrerally posted there. However, employers will not be required to distribute the posting by emails. 

The poster will be on the NLRB website for download and available at no charge in hard copy form at NLRB regional offices.  Posters will available by November 1, 2011.

Don't follow the posting requirements?  You may have earned an unfair labor practice.

Employers failing to post the notice may get a break as the NLRB recognizes that employers may be unaware of the new rule. In those cases, the Board may not seek penalties as long as the employer posts the notice right away.

Here is the link to the info: http://nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights

A fact sheet published bythe NLRB is here: http://nlrb.gov/news-media/fact-sheets/final-rule-notification-employee-rights

Union targeted Target: Workers say No

Friday's vote at the Valley Stream, NY Target resulted in a vote against union affiliation 137-85.  This has been closely watched by retailers.  Target employs thousands of people in their 1,755 stores; none have union-represented employees. As expected Unfair Labor Practices have been filed on both sides about the other according to the National Labor Relations Board.  United Food and Commercial Workers Union Local 1500 wanted to represent the workers at the store, just east of Manhattan.

What are we teaching our society?

The signs seem to be everywhere. But the signs are sending mixed messages. The TV cries for recognition of a recession and the next story tells how to make your own cappuccino at home so you don't pay $4 for it at a coffee place. Is that really how we toughen it out?

Scores aren't kept in T Ball, since we don't want losers. Red pencils aren't used for correction since it would hurt the feeling of the students. But doesn't hurt help us understand joy? Doesn't the pain make us appreciate the sweetness of success? Would we have a mountain if we didn't have valleys? Would we appreciate clear sunny days if we didn't have cloudy gray rainy ones?

So, we are we teaching capitalism by bail outs? Why did we quit teaching civics? If the CEOs and staffs aren't being held accountable by the shareholders then who is the government to do so? I am so surprised to think that I have lived in the world where my folks and their parents talked about the tough times: eating vegetables they grew but didn't like; changing jobs to find work; moving to find work; frying spam and the baloney sandwiches I remember all too well.

We set up 401(k) plans to have people make their own choices about retirement--and then we encourage companies to have automatic enrollment so employees don't have to decide; then we encourage companies to set up "life strategy funds' so employees don't have to make decisions about what funds to use.

I say we because the government is us. If we don't like what is happening in DC we need to be involved.

So, now secret ballots for employee elections are being "discussed." It is expected that signed cards will be the necessary vehicle to organize a union--nothing more--no election--no secret election. No more will individual choice-just you and the ballot-be the environment. What was a private decision will be public.


I've been through these unionizing campaigns. The line is walked carefully on both sides since there is passion involved in winning. But in the end--it is up to the employees. It is up to each individual to make a decision whether to unionize or not. It is up to the employee to weigh the information from the union and the information from the company and then determine what he/she feels will be best for his/her.

These may seem like strange topics to combine: cars, bailouts and the lack of secret ballot.

They all are steering the direction of this country away from personal responsibility and accountability and into "whatever."

This is America. This is where you can come and become "American." What other country allows that? This is something you can't get anywhere else. This is where you work hard, make mistakes, learn from them and get up and go on. It is an ideology at work.

Let's go back and read what our founding fathers wrote. The were divinely guided to create this experiment called the United States of America.

Let's return to the strength of the individual to choose what they want for themselves. Let trust to help each other. I have learned in several communities in several states and each time whenever a need was known-it was solved by the community. it was helping the Children's Home; fostering dogs, building a barn.

Why would we want to eliminate the joy we have of giving to our own community? If all is decided for us, by those who think they know what is best, then why do we exist? Where is the need of the individual mind?

The bailouts are absurd. The automobile business model never changed to adapt for the changing world. The workforce addiction of mediocrity was created by the unions and enabled by the firms.

The surplus governments enjoyed in the bustling economy we had was spent not saved. Where was the planning?

The people being asked to bailout industry after industry will be supporting people who never suffered the pain they have. The taxpayers without medical or retirement plans due to cost will be paying for programs for civic employees or employees in lost industries.

Where does it stop? What do we allow just because we don't speak up?