When the National Association of Manufacturers polled around 1,000 of its members in July about the National Labor Relations Board’s case to shut down Boeing’s South Carolina plant, costing up to 5,000 potential jobs, the clear majority indicated the union-backed case likely will, or has already, had a negative effect on America’s job creation.
As reported by the Wall Street Journal:
Some 60% said the government’s case already has—or could—hurt hiring. Sixty-nine percent said the case would damage job growth. And 49% said capital expenditure plans “have been or may be impacted by the NLRB’s complaint.” Around 1,000 of the association’s 11,000 members contributed to the survey.
Despite this, however, Barack Obama’s union appointees at the National Labor Relations Board are continuing their assault on America’s job creators with yet another attempt at doing union bosses’ bidding by skirting Congress to require all employers covered by the National Labor Relations Act to post union notices in the workplace to advise employees of their ability to unionize their company.
According to a NLRB press release [emphasis added]:
The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011.
Private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights notice where other workplace notices are typically posted. Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice on those sites. Copies of the notice will be available from the Agency’s regional offices, and it may also be downloaded from the NLRB website.
The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.
With the exception of airlines and railroads, which fall under the Railway Labor Act and a few other exceptions, most private sector employers (with two or more employees) fall under the jurisdiction of the National Labor Relations Act, which means nearly all private sector employers will have to post notices by November 14th, or be charged with an unfair labor practice.
According to Inside the Beltway from Nixon Peabody:
Failure to post the Notice will constitute an unfair labor practice which may be filed with the NLRB by any person. Further, the failure to post the Notice will be deemed evidence of anti-union animus or motivation where employers are alleged to have interfered, restrained, or coerced or otherwise discriminated against employees to encourage or discourage union membership or activity.
Objections to the NLRB’s posting from the employer community are, as expected, strong.
The National Federation of Independent Business (NFIB) stated in a press release:
The same week the Obama Administration announced it was making an effort to scale back burdensome rules on small businesses, the National Labor Relations Board (NLRB), the federal government’s labor union advocate, demonstrated an unprecedented overreach of its authority today by issuing a punitive new rule requiring all private-sector employers to post a notice in their business informing employees of their rights under the National Labor Relations Act.
“Just when we thought we had seen it all from the NLRB, it has reached a new low in its zeal to punish small-business owners,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “Not only is the Board blatantly moving beyond its legal authority by issuing this rule, it is unabashedly showing its spite for job creators by setting up a trap for millions of businesses.”
Under the National Labor Relations Act, the NLRB does not have the authority to broadly impose rules, such as the one issued today. The statute only permits the Board to act when a representation petition or unfair labor practice charge is filed.
Furthermore, the rule sets up a “gotcha” situation for millions of businesses which are unaware of the new rule or unable to immediately comply.
Whether or not the NLRB’s new mandate will be challenged in court and, ultimately, be rescinded remains to be seen. In the meantime, however, with the Obama’s union agents at the NLRB foisting their agenda on America’s job creators, there is no reason to believe that the administration is serious about growing the economy again.
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776
Cross-posted at LaborUnionReport.com