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EMPLOYEE RIGHTS REVISITED: WHAT THE NEW NLRB POSTER DOESN’T TELL EMPLOYEES ABOUT THEIR RIGHTS

Posted by Attorney Roger L. Pettit in Business Management, Labor Relations / Comments

In a previous post we reminded employers that beginning November 14, 2011 a new poster has to be displayed in the workplace that purports to advise employees of their rights under the National Labor Relations Act (NLRA). What the official poster stresses are employee rights and employer prohibitions as they relate to the presence of organized labor (Labor Unions) in the workplace.

On October 5, 2011, the National Labor Relations Board issued a notice that it was delaying the posting requirement until January 31, 2012 “in order to allow for enhanced education and outreach to employers….” The delay will not result in any changes “in the rule, or in the form or content of the notice..”  The complete notice of delay as well as a copy of the Employee Rights Poster can be read on the NLRB website.

To be fair, the poster does advise employees of their right to be free from improper union activity, but the poster is silent on the rights of employees in a union free workplace. One bullet point merely states “[You have the right to] choose not to do any of these activities, including joining or remaining a member of a union”.

The poster, while implying that employees don’t have to be in a union, does not mention that employees  can also contact the National Labor Relations Board(NLRB) to learn how to go about “decertifying” a union that the employee’s already have.

Nor does the poster explain that when a union wins an election, you must allow it to be your “sole” bargaining agent, even if you voted against it, and even if you disagree with its position on the terms and conditions of your employment.

Here are a few additional “rights” that employee’s may want to keep in mind:

  • The right to seek better pay based upon your own skills and achievements instead of being grouped in a classification system that rewards seniority rather than skill;

  • The right to seek pay adjustments based upon factors unrelated to the expiration date of a labor contract;

  • The right to communicate personally with your employer about changes to the workplace without approval of your “exclusive bargaining representative”;

  • The right to talk with your employer about how you can learn more job functions so that you can be placed in various positions for increased productivity and to keep you gainfully employed in an economic downturn;

  • The right to begin new employment with the expectation that you will be allowed to advance through your own efforts, instead of being locked into a seniority system; and

  • The right to know that when your employer experiences a down turn necessitating a layoff, the decision will be made based upon factors other than seniority.

It is unfortunate that the NLRB has chosen to politicize its role of enforcing the NLRA. Employees do not need a union to enjoy their rights under the NLRA. The poster should be more complete and neutral so that employees can, in addition to knowing some of their rights, have enough information to properly evaluate all of them.

 

 

 

Attorney Roger L. Pettit
Attorney Roger L. Pettit