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Thursday, January 23, 2014

NLRB abandons rule requiring workplace poster about employee union rights


 
The National Labor Relations Board (NLRB) has decided to drop its controversial rule requiring private sector employers to post a notice informing employees of their right to join a union.

The Board decided not to seek Supreme Court review by the Jan. 2, 2014, deadline of two U.S. Court of Appeals decisions invalidating its previously announced Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace, including the right to join a union. The outlawed rule had the support of the Obama Administration.

The NLRB said it “will continue its national outreach program to educate the American public” about the National Labor Relations Act, including on its own website at nlrb.gov. In addition, the NLRB has created a free NLRB mobile app for iPhone and Android users to provide the public with information about the NLRA.

Under the National Labor Relations Act, most private sector employees have the right to:

·         Organize a union to negotiate with employers concerning 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 setting wages, benefits, hours, and other working conditions.

·         Discuss terms and conditions of employment or union organizing with co-workers or a union.

·         Engage in protected concerted activities with one or more co-workers to improve wages, benefits and other working conditions.

·         Choose not to do any of these activities, including joining or remaining a member of a union. 

 

The NLRB has the legal authority to (1) order an employer to rehire a worker fired in violation of the law, and to pay the employee lost wages and benefits; (2) order a union to adhere to its duty of fair representation of its members; and (3) order an employer or union to otherwise cease violating the law.

 

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