Unions look to get another win with NLRB proposed rule on membership

The nations unions continue to get paid back in spades from supporting President Obama with their voting dollars. The NLRB ( National Labor Relations Board ) is proposing a new regulatory requirement of our nations employers. They will be required to post in the workplace a notice that lets employees know they have the right to unionize. The unions have failed thus far on getting card check passed, so they have found success here instead. Don’t worry, they haven’t given up on card check or their pension plan bailout either. This is right on the heels of winning their “sweetheart deals” ruling against the Dana Corporation. Since they can’t effectively sell their message of membership, they are now putting the onus on employers to do it for them. In fact, if your workers work from home or are otherwise mobile, you the employer will be forced to actively deliver this notice through other means.
So maybe you say what’s the big deal? No one is being forced to join the unions, only that a notice is posted illustrating their right to do so. The problem is that this is a necessary step in getting to that requirement. Power grabs don’t generally happen overnight. They are incremental. Each step lays the groundwork for the step to follow. You are expected to relax and think this is no big deal just as you will for the next step. It won’t just come down tomorrow that you are forced to join a union. It’s a tried and true method to get the American people to willingly accept ideas that they would reject out-of-hand if they were presented with it straight-up.  It will evolve into a situation where you will face a choice. Going non-union will penalize you in some fashion. That’s the beauty of this type of strategy. Eventually, they get you to willingly cross the line and you won’t have any ill will as if you were unwillingly coerced into it.

Here is the text of the posting that employers will be required to post in the workplace. Sorry, they don’t have the downloadable version available from their website yet.



“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. 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 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 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 you that you will lose your job unless you support the




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 other adverse action against you based on whether you have


joined or 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
“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 website:



.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.




The National Labor Relations Act covers most private-sector employers.

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