If you work in HR in the private sector you probably don’t pay much attention to the NLRB and in some cases may not even know what the cryptic group of letters mean. The NLRB is the National Labor Relations Board a government agency that administers the National Labor Relations Act (NLRA). So what does that mean for HR? After all, you don’t have a unionized work force, so why should you care?
Pro union or anti union sentiments aside the NLRA includes provisions covering all employee’s whether or not they are in a union. This is the reason that all HR departments need to be aware of the act and it’s requirements for employers.
Recently the NLRB mandated the notification of NLRA rights requiring employers to post this information along with other workplace posters. The original posting date was November 14, 2011, but the date has been postponed twice and is currently set for April 30, 2012 according to the NLRB’s website.
The poster notifies workers of their rights 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 wages and benefits and other 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.
The poster also provides information on what would be illegal conduct by an employer and how to bring a complaint with the NLRB. The posting requirement by non-union employers has caused a lot of controversy with businesses struggling in the new economy.
The NLRB enforces the NLRA, so don’t think you are safe because your company is not unionized. The board takes employers to court on a regular basis for alleged violations—just ask Boeing.
The NLRB filed a complaint against Boeing for transferring work on its 787 Dreamliner from Washington state to a non-union facility in South Carolina which the NLRB claims was an unfair labor practice. The Complaint (available for download here) states in part that Boeing transferred the work specifically in response to recent strikes at the Puget Sound facility in order to penalize workers who participated in the strikes. The most recent strike occurred in 2008 approximately a year before Boeing made its decision to re-locate work to SC.
Boeing has denied the allegations that its decision to locate the second production line in South Carolina was a violation of the NLRA and states that its decision was based upon a variety of factors including significant financial incentives from the state of South Carolina. Barring a settlement the litigation will likely take years to resolve.
The main concern for HR practitioners in non-union environments is being pulled into a lawsuit by the NLRB for violating employee rights. So how does this apply to your organization? If you have policies against employee’s sharing salary information, organizing to complain about working conditions or striking you should contact your company attorney for advice on whether or not your policies run afoul of the NLRA.
This article is not intended to give legal advice. Please seek the advice of an attorney if you have questions about legal compliance.
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