Busy Week at the NLRB

The NLRB is proposing that all private sector employers subject to the National Labor Relations Act post notices advising employees of their rights under federal labor law (http://www.nlrb.gov/shared_files/Press%20Releases/2010/R-2806.pdf).  The comment period for this proposed rule is 60 days.

The proposed rule (http://www.ofr.gov/OFRUpload/OFRData/2010-32019_PI.pdf) appears quite similar to the posting requirements for federal contractors under Executive Order 13496, including the electronic posting requirements if an employer customarily communicates with employees by such means.  (Indeed, the NLRB notes that compliance with Executive Order 13496 would mean compliance with the proposed rule.)

However, noncompliance appears to have some significant risks.  Notably, the 6-month statute of limitations period for unfair labor practice charges will be tolled when an employer fails to post the notices.  Moreover, a failure to post the notice could be considered evidence of an employer’s “unlawful motive” for other unfair labor practice allegations.  One can expect some impassioned comments in the rulemaking process regarding the NLRB’s ability to impose these remedies in this fashion.