|
Please review the first edition of our new Oliver J. Bell, Inc. Labor Relations Update. This version addresses the proposed NLRB rule change that would require private sector employers to post notice of the right of employees to organize unions.
Thank you,
Oliver Bell
512-422-7118
|
New Proposed NLRB Rule-
Posting the right to organize
 In case you missed it, as most employers and employees were turning their attention to spending time with family and friends for the Holiday Season, the National Labor Relations Board (NLRB) announced via press release on December 21, 2010 - A Notice of Proposed Rulemaking. The new rule would require all private sector employers, whose employees are eligible to unionize or remain union-free under the National Labor Relations Act (NLRA), to post a new notice about the rights of employees to organize unions.
Rules are government agency statements that either: implement, explain or prescribe law or policy; or describe an agency's organization, procedure, or practice requirements. The NLRB has proposed a rule that would require employers to notify employees of their rights under the NLRA by posting a notice. The Notice of Proposed Rulemaking was published in the Federal Register on December 22, 2010, and members of the public can submit comments on the proposal for 60 days, until February 22, 2011. Rules may strengthen or weaken a law. Rules may substantially enhance the intent of the law or substantially diminish the legislative intent. I encourage all employers to look at this proposed change carefully.
Based on the timing of the NLRB's release of this information, any party wishing to comment is already two weeks behind. If you desire to comment, please review the attachments (downloaded from the NLRB website). Comment as you deem appropriate. Comments may be sent to electronically to the Federal eRulemaking Portal. Click here to submit your comment.
Rulemaking is not law making.
Congress makes law via the ultimate passage of legislation by both houses which may later become law when signed by the President. Rulemaking is the term used when a government agency creates, modifies, or deletes rules in the Code of Federal Regulations. |
Bell's Situation Assessment  On its face, the proposed rule change is innocuous. It is just letting employees know they have right to unionize or not (although the latter is not clear). We think this is a misdirection play.
What is clear is that whether or not unionization is justified in a workplace setting, there is going to be a great increase in union organizing activity with this rule change (we conservatively estimate union organizing drives will increase by a factor of 100). This activity will adversely impact productive work time employers and employees could more effectively utilize to try to pull themselves out of this recession. It will also impact administrative and legal costs.
The timing is conspicuous and smacks of political payback now that the passage of the Employee Free Choice Act is unlikely. Employers and employees should anticipate similar steps from the NLRB as they try to use "rulemaking" to make an end run to implement new labor rules that Congress would not directly legislate. |
