The National Labor Relations Board announced on Tuesday that it is considering adoption of a rule that would require employers covered by the National Labor Relations Act to post a notice informing employees of their rights to form, join, and assist labor unions. If the rule is implemented, the required notice would mirror the notice that federal contractors must post pursuant to an Executive Order issued by President Obama and implemented by Department of Labor regulations earlier this year. The Notice prepared by the Department of Labor was criticized by business and employer groups as going too far to promote union membership as opposed to merely informing employees of their rights under the Act.
For years, the Board has avoided the formal rule-making procedure in favor of adopting rules in reported Board decisions. The Board’s announcement today that it intends to participate in rule-making is a significant departure from its prior practice. This rule-making is likely a reflection of the Board’s current make-up, which many believe is decidedly pro-union.
The public will have 60-days to comment on the Board’s proposed rule. The Board’s press release can be accessed here: http://www.nlrb.gov/shared_files/Press%20Releases/2010/R-2806.pdf
We will continue to monitor the Board’s proposed rule as it progresses through the administrative rule-making process.