In a move that appears to continue the regulatory attempt to implement the Employee Free Choice Act (aka “card check”), the National Labor Relations Board (NLRB) issued a final rule last week requiring most employers to post a notice of labor rights as provided by the National Labor Relations Act (NLRA). The Kentucky Chamber and other business organizations submitted comments to the NLRB opposing the rule because the content of the notice is heavily biased towards organized labor. The notice informs workers on how to unionize and its benefits, but mentions nothing about a worker’s right to refuse to pay union dues or the consequences of unionization, such as losing the right to speak directly to management. Although the bottom of the notice contains language stating employees have the right to refrain from unionizing activities, it doesn’t go far enough in balancing the interests of both business and labor. The only major change from the proposed rule to the final rule is the omission of the requirement to have employers send the notice by e-mail, voice mail or text messaging if they usually communicate with their employees in that manner.
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