AGC Joins Comments on NLRB’s Proposal to Mandate Employee Rights Notice
AGC signed onto comments submitted by the Coalition for a Democratic Workplace (CDW) in opposition to the National Labor Relations Board’s proposed rule requiring employers to post notices informing employees of their rights under the National Labor Relations Act (NLRA). AGC is a member of CDW’s steering committee. AGC is also a member of the Labor Relations Committee of the U.S. Chamber of Commerce (Chamber), which also submitted comments.
The proposed rule establishes the size, form, and content of the notice, and sets forth provisions regarding sanctions and remedies for noncompliance. The content of the proposed notice is substantively identical to a notice already required of federal contractors by a regulation issued last May by the Department of Labor (DOL) to implement Executive Order 13496. For more information on the proposed rule, click here.
CDW’s comments assert that: the Board lacks of statutory authority to require such a notice absent the filing of a union representation petition or an unfair labor practice charge; the proposed rule conflicts with longstanding Board precedent concerning remedial notices; and the proposed penalty for failure to post the notice of tolling the statute of limitations for filing an unfair labor practice charge conflicts with the NLRA. The Chamber’s comments express additional concerns, including criticism of the imbalanced, union-favoring content of the notice, and practical problems in complying with proposed electronic and foreign language posting requirements. The comments also express support for the proposed safe harbor for federal contractors in compliance with the DOL notice.
For more information, contact Denise Gold, Associate General Counsel, at (703) 837-5326 or email@example.com.
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