Temporary reprieve from posting union rights

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National Labor Relations Board has agreed to postpone a deadline by which businesses must display a single poster telling employees they have the right to form a union.

This is like those posters they require for guaranteeing Family Medical Act leave, minimum wage and non discrimination in the work place.

The decision pushes back the Union Poster date to Jan. 31, 2011. The reason seems curious. Apparently, businessmen and women, who are smart enough to: figure out how to pay taxes to local, state and federal authorities; apply for licenses across multiple jurisdictions; pay vendors and employees; handle accounting and inventory systems; maintain bank accounts; get loans….etc.; well, they are apparently unable to comprehend whether they need to hang this poster.

So the NLRB has said more education and outreach are needed. Not sure if this will cost taxpayers more money to pay for this extra education.

There are exceptions to the rule but they’re actually pretty clear once you navigate the NLRB’s FAQs on the poster.

Here’s the official NLRB release.

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The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

The new effective date of the rule is Jan. 31, 2012.

The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.

Member Brian E. Hayes dissented from the adoption of the final rule. For this reason, he agrees with any postponement of the effective date of the rule.

Most private sector employers will be required to post the 11-by-17-inch notice, which is available at no cost from the NLRB through its website, either by downloading and printing or ordering a print by mail.

For further information about jurisdiction and posting requirements, please see our Frequently Asked Questions, which will be updated frequently as new questions arise. For questions that do not appear on the list, or to arrange for an NLRB presentation on the rule, please contact the agency at questions@nlrb.gov or 866-667-NLRB.

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Rob Varnon

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