Thursday, August 25, 2011

New Union Posting Requirement for Employers

As part of the administration's efforts to promote union membership, the NLRB today announced that any employer subject to its jurisdiction will have to post a lengthy statement of employee rights under the NLRA.  The posting is patently pro-union, although the required language is not as bad as it was when the regulation was originally proposed, and there is limited language in the statement that acknowledges an employee's right not to join a union.  Interestingly enough, the posting does not contain language telling employees they have the right to de-certify a union when they become dissatisfied with union representation.
The posting requirement affects all "retail" businesses (including home construction) with an annual business volume of more than $500,000, and other businesses (referred to as "non-retail") with an annual business volume of more than $50,000.  Posting requirements are relatively onerous (for example, the posters must be in any language spoken by 20% or more of the workforce not proficient in English) and are comparable to the requirements for federal contractors. 
I'm not sure what purpose this new regulatory requirement serves, other than clearly showing an important constituency that the current executive leadership is willing to become ever more intrusive into the workplace on its behalf.

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