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.
Showing posts with label nlrb. Show all posts
Showing posts with label nlrb. Show all posts
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.
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.
Posted on Friday, January 06, 2012 by
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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.
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.
Posted on Friday, October 28, 2011 by
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Compliance update: Deadline extended for new mandatory NLRA posting
The National Labor Relations Board (NLRB) just announced that the posting deadline for the new NLRA poster has been extended -- from November 14, 2011, to January 31, 2012. The Board stated this extension was necessary for additional education and outreach for employers, particularly small- and medium-sized businesses.
The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster.
Check back here for continued updates on this mandatory labor law posting.
The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster.
Check back here for continued updates on this mandatory labor law posting.
Posted on Thursday, October 06, 2011 by
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Compliance alert: New mandatory NLRA posting required by mid-November
As anticipated, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employees to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice. Effective November 14, 2011, the new NLRA posting requirement is mandatory!
Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. 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 released.
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.
Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. 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 released.
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.
Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
Posted on Tuesday, September 06, 2011 by
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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.
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.
Posted on Friday, July 01, 2011 by
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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.
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.
Posted on Friday, March 25, 2011 by
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The comments are in … is an NLRA posting on union rights forthcoming?
Today's post comes from G.Neil’s HR News Weekly:
As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.
Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.
In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.
After the hearing, NLRB Chairman Wilma Liebman stated:
“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”
Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).
As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.
Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.
In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.
After the hearing, NLRB Chairman Wilma Liebman stated:
“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”
Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).
Posted on Tuesday, March 01, 2011 by
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