Facing two federal lawsuits that challenge its authority to require employers to post a notice informing employees of their rights to unionize, the National Labor Relations Board has again postponed the posting date for that notice until April 30, 2012.
The required notice must advise employees that they have the right to:
- Form and join a union;
- Assist a union in its effort to organize an employer's workforce;
- Discuss wages, benefits and other terms and conditions of employment;
- Bargain collectively;
- Strike;
- Picket; and
- Complain to management.
The notice, which also includes examples of unlawful conduct by employers, must be posted in English and any other language spoken by more than twenty percent of the employees. An employer's failure to post the notice may afford its employees and the union additional time to file unfair labor practice charges against the employer. Additionally, the failure to post may be used in a unfair labor practice charge as evidence of an employer's unlawful motive. Consequently, employers and employees in Cleveland and the surrounding areas of North East Ohio need to watch for decisions by the courts as well as further notice updates from the NLRB.
