Mark your compliance calendar: New NLRA poster to be posted by April 30, 2012

Good news for all you professional procrastinators. Just when you were all geared up to order the new mandatory NLRA posting, the National Labor Relations Board has pushed back the effective date. Rather than January 31, 2012, the deadline for posting the employee rights notice is now April 30, 2012.

The NLRB postponed the date at the request of the federal court in Washington, D.C., which is involved in a legal challenge regarding the rule. The court expects to resolve the legal issue in the months leading to this modified deadline.   

Mark your compliance calendar: New NLRA poster to be posted by April 30, 2012

Compliance reminder: NLRA posting deadline is January 31, 2012

In less than two months, nearly all private-sector employers will be required to post a notice informing employees of their rights under the National Labor Relations Act (NLRA).

Reduce risk and ensure compliance with Poster Guard® Compliance Protection! Membership includes the updated federal poster and all mandatory state postings that are required for your business's compliance. You will also receive the convenience of automatic replacement shipments every time a mandatory change occurs affecting your business, for one full year!

FAQs with the new NRLA poster

Q: What if my business is non-unionized? Do I still have to comply?
A: Yes, this new poster is mandatory regardless of your company’s union status. It applies to union and non-union workplaces alike.

Q: It says “nearly” all employers have to post the new notice. What are the exceptions?
A: At this time, the requirement does not apply to agricultural, railroad or airline employers -- or the U.S. Postal Service.

Q: Will this be a separate posting?
A: No, it will be added to the current Federal Poster. Consequently, the poster will be larger – increasing from 24” x 26 ¾” to 24” x 32.75”.

Q: Are there any other posting requirements?
A: Yes, the notice must be posted in other languages if 20 percent or more of your workforce is not proficient in English. In addition to providing a Spanish version on the Spanish Federal Poster, we will create versions in other languages if there’s a demand.

Q: What are the penalties for non-compliance?
A: There is no specific fine connected with this posting. However, noncompliance can be treated as an “unfair labor practice” and can be used as damaging evidence in a lawsuit.

Compliance reminder: NLRA posting deadline is January 31, 2012

Train managers on union-related dos and don'ts

As employers anticipate the new National Labor Relations Act (NLRA) poster they must display as of January 31, 2012, many are wondering how they can counter the pro-union message of this mandatory notification with their own union-free philosophy.

While there are many things you can do to achieve a balance, you'd be wise to start with your company's management.

Your supervisors and managers play a critical role in your business, contributing as much to a cohesive, satisfied workforce as they do to one that’s broken and disgruntled. Qualified, well-trained and supported supervisors go a long way toward keeping your company union-free. But you need to invest in their success.

Now, more than ever, you need to meet regularly with your supervisors to discuss any issues that may be brewing, as well as conduct periodic training workshops that address the latest trends in union organizing, red flags in the workplace and how to lawfully remain union-free. After all, “Union prevention is simply good management in action.”

An important part of any training program is outlining the dos and don’ts of unionizing efforts. Your managers and supervisors must be aware of protected and unprotected employee activity. According to the National Labor Relations Board (NLRB) website, they may not:

•    Prohibit employees from discussing a union during non-work time, or from distributing union literature during non-work time in non-work areas, such as parking lots or break rooms
•    Question employees about their union support or activities in a manner that discourages them from engaging in that activity
•    Fire, demote, transfer, reduce hours or take other adverse action against employees who join or support a union or act with co-workers for mutual aid and protection, or who refuse to engage in such activity
•    Threaten to close their workplace if employees form or join a union
•    Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support
•    Prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances
•    Spy on or videotape peaceful union activities and gatherings

Ideally, your company will never become vulnerable to this level of union interest and activity in the first place. But ensuring that management knows the rules of the game can protect you from additional, costly consequences.

Train managers on union-related dos and don'ts

New federal NLRA poster required -- Are you in compliance?

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). Under the final rule, employers must display the new federal posting by November 14, 2011, to remain in compliance. Failure to post the notice will be considered an unfair labor practice.

In addition to providing examples of unlawful employer and union conduct and informing employees how to contact the NLRB with questions or complaints, the notice states that employees have the right to:

   => organize, form, join or assist a union
   => bargain collectively to improve wages and working conditions
   => discuss terms and conditions of employment with fellow employees
   => take action with those fellow employees to improve working conditions
   => strike and picket

It does not matter if your business is non-unionized, as the new posting requirement applies to union and non-union workplaces alike. The only exceptions to the requirement at this time are agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may be exempt.

If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes.This means you will automatically receive the NLRA posting when it's finalized.

If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.

New federal NLRA poster required -- Are you in compliance?

Latest move from NLRB would clear the path for unionization

First, the National Labor Relations Board (NLRB) proposed a mandatory workplace posting informing employees of their rights to unionize (which we're closely monitoring). Now, the agency would like to make it even easier for employees to unionize, thanks to a proposal that would change some of the organization rules.

In a nutshell, the NLRB's "Notice of Proposed Rulemaking" would give employers and management less time to build a case against organizing, require employers to make employee information (like personal phone numbers and email addresses) available to union officials, and delay the resolution of disputes over which employees can vote in the secret ballot elections.

A press release by the NLRB explains that, "The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing."

What would happen if your employees formed a union? More important, do you have the knowledge you need to help keep unions out of your workplace?

With greater awareness and appropriate action, you can strengthen your anti-unionization position without undermining the rights of your employees. The following strategies can help reinforce your position as a fair employer and eliminate the common causes for employee unionization:

Tip #1: Encourage open communication
Open and clear lines of communication between management and employees are vital. To support an open-door communication policy, you should use meetings, workshops and suggestion boxes to learn about employees’ needs; make appropriate business information available to employees; develop a grievance process to address problems promptly; and communicate your open-door policy via emails, distributed materials and workplace postings.

Tip #2: Conduct an employee attitude survey
Not all employees will be forthright in sharing their frustrations with management. Conducting an employee attitude survey is an ideal way to capture employee opinions in a safe and non-threatening manner. Break the survey into sections (such as “working conditions” and “company culture”), set up the survey in a format you can easily administer, compile the results quickly and discuss the results among company management.

Tip #3: Train and support your supervisory personnel
Qualified, well-trained supervisors and managers go a long way toward keeping a company union-free. Invest in their success by meeting regularly to discuss any issues that may be brewing, as well as conducting periodic training workshops that address the latest trends in union organizing and the dos and don’ts of unionizing efforts.

Tip #4: Review company policy regarding solicitation, distribution and access
You may prohibit employee solicitation and distribution of pro-union literature during working time and in work areas. In most cases, you can also prohibit non-employee union representatives from conducting business on company property. The key to avoiding any legal complications regarding these rules is to put them in writing via company policy – and prior to the onset of a union organizing campaign.

Tip #5: Offer competitive wages and benefits
Non-competitive wages and meager benefits are some of the biggest sources of employee discontent and in turn, contributors to union-organizing activity. After considering your industry and geographic location, you should conduct periodic wage and benefit surveys to make sure you’re in line with recognized standards. Consider cost-of-living adjustments, medical care benefits, paid time off, and profit-sharing and employee stock options.

Tip #6: Resolve employee disputes promptly
In addition to giving employees multiple channels for voicing their frustrations, you need to develop clear-cut procedures for resolving their concerns. This may involve a peer review group that meets on a regular basis, appointing an intermediary to investigate more serious complaints and conducting regular training on conflict management principles.

Latest move from NLRB would clear the path for unionization

How to prevent unions from gaining a foothold in your workplace

The National Labor Relations Board (NLRB) has proposed a rule that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. Simply put, the new workplace poster would communicate to employees their right to unionize under federal law.

And that’s just the tip of the iceberg. Unionization is a hot topic in the news right now, as we witnessed in the recent showdown in Wisconsin. State legislators asserted that the bill was necessary to reduce budget shortfalls, while public workers fought vigorously to preserve their collective bargaining privileges.

Although union membership is on the decline (falling to 11.9 percent of the nation’s workforce in 2010 and representing approximately 14.7 million employees), the events in Wisconsin highlighted the divide between workers, legislators and businesses regarding union activity.

As a responsible employer, what can you do to foster an environment where your employers feel respected and well-treated – and as a result, aren’t as vulnerable to unionization?

Strategy #1: Encourage Honest, Open Communication
Employees typically join unions because they’re dissatisfied with how management treats them, and they believe a union can improve conditions in the workplace. If your company is viewed as unfair or unresponsive to employees’ concerns, you’re opening an unwanted door to possible unionization.

That’s why clear and constructive lines of communication between management and employees are so important. To support an open-door communication policy, you should:

• Use meetings, workshops, bulletin boards and suggestion boxes to learn about employees’ needs and concerns
• Conduct a workplace survey to identify employee views on management, company culture and general working conditions
• Make appropriate information available to employees to avoid unnecessary speculation about the company’s position, financial standing or business objectives
• Allow employees to discuss wages, benefits and other working conditions with their coworkers, which the NLRA considers “concerted protected activity”
• Promote your open-door policy – and encourage employees to voice their concerns directly with management - through emails, distributed materials and even workplace postings, like our attorney-approved “You Have a Voice” poster

Strategy #2: Scrutinize Compensation and Other Benefits
Certainly, the economic recession has created a lot of budgetary belt-tightening for businesses. But no matter how tough the times, denying employees fair wages is a recipe for disaster. Now, more than ever, you want to be confident you’re compensating your workers fairly and setting wages at or above industry levels. Similarly, you want to check that you’re being consistent about the criteria used to determine wages, such as length of service and experience.

This is a good time to track other benefits related to your industry. In addition to decent pay, providing a robust benefits package can lead to more satisfied employees. Consider distributing a statement to each of your employees that summarizes the various benefits (both the obvious and the more subtle) he or she enjoys by working for your company.

Strategy #3: Train Supervisors on Proper Attitudes and Actions
Because your supervisors and managers are on the “front lines” in the workplace, it’s important to train them on how to address employee concerns and support open communication. Guide them on the skills they need to diffuse issues and resolve conflicts in their day-to-day interactions with employees.

At the same time, be careful about enforcing company policies fairly and uniformly. Employees are more likely to form a union if they feel their leaders take sides and treat certain individuals better than others. As an added precaution, carefully document any disciplinary actions to demonstrate compliance and appropriate response to the situation.

How to prevent unions from gaining a foothold in your workplace

NLRB expected to be extremely active in coming year

Today's post comes from G. Neil's HR News Weekly:

The National Labor Relations Board (NLRB) is already on most employers’ radar as we await the status of a proposed rule that would require all private employers to post a notice informing employees of their union-organizing rights under the National Labor Relations Act (NLRA).

But that’s not the only NLRB activity worth watching in the coming months.  As it enters an extremely active period, the NLRB is expected to represent new cases and tackle controversial issues that could lead to policy changes for many businesses. Recently, the NLRB has threatened to sue four states, claiming that state constitutional amendments dictating how employees choose union representation are illegal.

Specifically, the NLRB says that states can’t override federal law giving workers the option of the card-check method of organizing – a practice unions favor but many employers oppose. You’re probably aware of the “Facebook firing” case, too, where an employee was reinstated after being fired for criticizing her employer in a Facebook post. The case challenged what is considered “concerted  activity” and, as such, is protected even on social networking sites like Facebook.

We shared this quote in a previous HR summary, but it bears repeating. According to NLRB Chairman Wilma Liebman: “The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy.”

If you haven’t already, be sure to register for our FREE Union Avoidance Webinar on Wednesday, March 30, 2011. You’ll gain valuable insight on how to preserve your union-free status under the revived NLRB, plus you’ll get a FREE attorney-approved Union Avoidance Poster.

NLRB expected to be extremely active in coming year

New posting requirement now in effect for federal contractors and subcontractors

On May 20, 2010, the U.S. Department of Labor (DOL) issued its final rule regarding how federal contractors and subcontractors will notify employees of their rights under federal labor laws. This was in response to President Obama’s Executive Order 13496 in early 2009, requiring federal contractors to post a notice “in all places where notices to employees are customarily posted both physically and electronically,” informing them of their rights under the National Labor Relations Act (NLRA).

The new notice replaces the “Beck notice” posting requirement under the Bush administration. While some of the language the DOL proposed in August 2009 has changed, the notice remains focused on pro-union rights for employees, including:

=> The right to organize a union to negotiate wages, hours and other working conditions
=> The right to discuss union terms and conditions with coworkers
=> The right to take action with coworkers to improve working conditions, such as raising work-related complaints with you, the employer, or a government agency

Ensure mandatory posting compliance by the June 21, 2010, deadline with the NLRA Poster.

New posting requirement now in effect for federal contractors and subcontractors