Late last year, the National Labor Relations Board announced that it was planning on issuing a new rule that would require all employers (even those that are not currently unionized) to put up a poster detailing all of the rights (including the right to join a union) guaranteed to employees under the National Labor Relations Act.  This was the first proposed use of administrative rule making in more than 20 years, and comes nearly 18 years after the idea was first proposed to the Board by a labor law professor, Professor Charles Morris, in 1993.

EmployeeRightsPoster11x17_Final.jpgThe Board’s action follows President Obama’s 2009 Executive Order No. 13496, directing the U.S. Department of Labor to require federal contractors to post NLRA rights notices, with the resulting oddity of the Labor Department administering and enforcing the obligation of contractors to post the notices containing rights enforced by the NLRB.

The Board has said that it intends to create a poster that is similar to the one to the right that was created by the Department of Labor.  The full-size poster can be found here.

The public will be given the opportunity to comment on the proposed rule.  A number of issues undoubtedly will invite comments, including whether the Board’s general rule making authority is sufficiently broad to include requiring the posting of the proposed notices; what should be contained in the notice; how the Board will enforce the obligation to post the notices; whether failure to post the notices will constitute an unfair labor practice; how many notices must be posted in a workplace that is multi-lingual; and whether electronic posting will be required?

Employers with concerns about the proposed posting requirement should seriously consider filing comments, which are due on February 22, 2011.  Comments may be submitted, either electronically to www.regulations.gov, or by mail or hand-delivery to Lester Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington, DC 20570.

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Photo of Michael Lebowich Michael Lebowich

Michael J. Lebowich is a partner in the Labor & Employment Law Department and co-head of the Labor-Management Relations Group. He represents and counsels employers on a wide range of labor and employment matters, with a particular interest in the field of traditional…

Michael J. Lebowich is a partner in the Labor & Employment Law Department and co-head of the Labor-Management Relations Group. He represents and counsels employers on a wide range of labor and employment matters, with a particular interest in the field of traditional labor law.

Michael acts as the primary spokesperson in collective bargaining negotiations, regularly handles grievance arbitrations, assists clients in the labor implications of corporate transactions, and counsels clients on union organizing issues, strike preparation and day-to-day contract administration issues. He also has significant experience in representation and unfair labor practice matters before the National Labor Relations Board.

His broad employment law experience includes handling of race, national origin, gender and other discrimination matters in state and federal court. A significant amount of his practice is devoted to counseling clients regarding the application and practical impact of the full range of employment laws that affect our clients, including all local, state and federal employment discrimination statutes, the Fair Labor Standards Act, the Family and Medical Leave Act, and state labor laws.

Michael has substantial experience in a wide variety of industries, including entertainment, broadcasting, newspaper publishing and delivery, utilities and lodging. He represents such clients as The New York Times, BuzzFeed, ABC, the New York City Ballet, PPL, Pacific Gas & Electric, Host Hotels and Resorts, and The Broadway League (and many of its theater owner and producing members).  Michael also has significant public sector experience representing, among others, the City of New York and the Metropolitan Transportation Authority.

Michael is a frequent guest lecturer at Columbia Business School, the Cornell School of Hotel Administration, the New York University Tisch School for Hospitality, Tourism and Sports Management, and is an advisory board member of the Cornell Institute for Hospitality Labor and Employment Relations.