Monday, September 19, 2011

U.S. House Passes Bill Limiting NLRB's Remedial Authority

The United States House recently passed a bill, called the Protecting Jobs From Government Interference Act (H.R. 2587), which would prohibit the National Labor Relations Board from ordering any employer to shut down plants or relocate work, even if the Board finds that the employer has committed an unfair labor practice. The bill is in response to the Board's complaint against Boeing for opening a new facility in South Carolina. Commentators predict that the bill will not be passed, or even considered, in the Democratically-controlled Senate. We will continue to monitor the bill's progress. You can access the House's legislation here.

NLRB Notice of Rights Poster Available

The National Labor Relations Board recently announced that the Notice of Employee Rights poster is available on the Board's website here. Under the NLRB's new rules, all employers covered by the Act are now required to post the Notice of Rights Poster by November 14, 2011. Employers who customarily post personnel rules or policies on an internet or intranet site must also provide a link to the poster from those sites.

An employer's failure to post the Notice of Rights is considered an unfair labor practice and may toll the statute of limitations for employees to file unfair labor practices on other grounds while the Notice is not in place. Additionally, the Board's new rule provides that a knowing and willful failure to post the Notice, that may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the Act.