Beware Some New Rules from the NLRB!

You’ve probably all heard about the decisions issued recently from the U.S. NationalLabor Relations Board that will make it easier for workers to unionize even when a majority of workers prefers to remain nonunion.

In case you haven’t heard or feel like reading up on it a little more, here is the Wall Street Journal’s report from a week ago today (subscription required)  involving the Specialty Healthcare, Lamons Gasket Co. and the UGL-Unicco Service Co. cases. And here is a report, plus additional analysis, from hotair.com.

“Of the three decisions issued Aug. 30,” writes hotair‘s Tina Korbe, “the first, in particular, is troubling. Current law defines the appropriate bargaining unit as similarly situated workers who share a community of interests, but the new rule allows unions to define the appropriate bargaining unit as workers with the same job title.

“Such micro unions disenfranchise those employees who do not want a union, prevent career advancement by limiting workers to the work entailed under specific job titles and redistribute wages from the nonunion employees outside the micro union to the union employees within the micro union.”

National Association of Manufacturers President and CEO Jay Timmons was a bit more heated in his statement released Aug. 30. “The NLRB’s actions today not only put jobs at risk, but have a real potential to severely disrupt the workplace,” he said. “This government agency’s decisions demonstrate the agency’s goal of implementing Employee Free Choice Act-like proposals that Congress has not authorized. These case decisions take away employers’ flexibility and only create uncertainty in the workplace.”

So you have it, and to be fair, here is the link to the NLRB’s latest news, with last week’s decisions written up in the two Aug. 30 releases at the top. In Lamons Gasket, the board decided that employees opposed to a union would no longer have the right to immediately challenge the recognition of a “card-check” election. Majority board members wrote in that ruling that “the Supreme Court recognized more than half a century ago that ‘a bargaining relationship once rightfully established must be permitted to exist and function for a reasonable period in which it can be given a fair chance to succeed.’ ”

Oh and don’t forget this additional final rule from the NLRB requiring private-sector employers to post notices in their workplaces as well as electronically, via email or Internet, of all employees’ rights under the National Labor Relations Act. Those notices, published in the Federal Register, also on Aug. 30, must be posted — by you — by Nov. 14.

According to this posting – about that posting – rights you should be prepared to post include “the right to organize a union to negotiate with an employer involving wages, hours and other terms and conditions of employment or the right to create, associate or support a union.

“Also,” the posting from State and Federal Poster Inc. warns, “it will be illegal for an employer to guarantee or present promotions, pay raises or other profits to discourage or encourage union support. Threatening to take any kind of action against an employee for accompanying or promoting a union, including firing, transferring, reducing hours or changing the employee’s shift will not be allowed.”

Good luck!

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