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Anti-union business owners around the country are breathing a sigh of relief as the U.S. Court of Appeals issued a temporary injunction blocking implementation of the National Labor Relations Board's labor rights poster rule during appeals. That means the dread day on which workers might gain the right to read about their existing legal rights on a poster in their workplace has been postponed from the already postponed date of April 30, thanks to lawsuits by the U.S. Chamber of Commerce and other corporate special interest groups.

Two district courts have ruled on the issue, with one saying the NLRB couldn't require posters at all and the other saying the board could require posters, but not enforce the requirement in any meaningful way. The NLRB is appealing both rulings; Chairman Mark Gaston Pearce said in a statement that "We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law."

Mitt Romney, of course, claims he wants to eliminate the National Labor Relations Board, which is the agency tasked with protecting workers' rights under the National Labor Relations Act. If elected, though, it's likely Romney will have a change of heart and decide to use the board as George W. Bush did, to chip away at workers' rights and tip the balance ever more in favor of big business.

Originally posted to Daily Kos Labor on Wed Apr 18, 2012 at 10:39 AM PDT.

Also republished by Income Inequality Kos.

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Comment Preferences

  •  The actual notice. (1+ / 0-)
    Recommended by:
    The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.

    “Under the NLRA, you have the right to:

    Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.

    Form, join or assist a union.

    Bargain collectively through representatives of employees' own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

    Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.
    Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.

    Strike and picket, depending on the purpose or means of the strike or the picketing.

    Choose not to do any of these activities, including joining or remaining a member of a union.

    “Under the NLRA, it is illegal for your employer to:

    Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.

    Question you about your union support or activities in a manner that discourages you from engaging in that activity.

    Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.

    Threaten to close your workplace if workers choose a union to represent them.

    Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.

    Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.

    Spy on or videotape peaceful union activities and gatherings or pretend to do so.

    “Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:

    Threaten or coerce you in order to gain your support for the union.

    Refuse to process a grievance because you have criticized union officials or because you are not a member of the union.

    Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.

    Cause or attempt to cause an employer to discriminate against you because of your union-related activity.

    Take adverse action against you because you have not joined or do not support the union.

    “If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.

    “Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency's Web site:  

    You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.

    If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB's Web site or by calling the toll-free numbers listed above.

    “*The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

    “This is an official Government Notice and must not be defaced by anyone.”

    "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

    by HeyMikey on Thu Apr 19, 2012 at 10:23:42 AM PDT

    •  thanks heymikey (1+ / 0-)
      Recommended by:

      after reading the notice I can see why the chamber believes it has to go to the wall on this. keeping this off bulletin boards and out of break rooms is worth many millions of their members cash.

      If CEO's and their brethren have employment contracts, why do they insist that their employees don't need one?

      by JDPITALIA on Thu Apr 19, 2012 at 12:19:13 PM PDT

      [ Parent ]

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