[authors: Neil Goldsmith and Chris Johlie]
As we have reported, the National Labor Relations Board’s notice posting rule is on hold and faces an uncertain future in the federal appellate courts. Amid the uncertainty, the NLRB launched a new web page aimed at educating employees about their rights under the National Labor Relations Act (NLRA). The web page, entitled “Protected Concerted Activity,” touts recent successful efforts by employees and the NLRB in bringing charges against employers for violations of employee rights under the NLRA. The cases highlighted by the NLRB on the new web page involve various industries from coast to coast. All of the cases, however, involve employers who allegedly violated or were found to have violated the NLRA by disciplining or discharging employees who had engaged in protected, concerted activity.
In addition to providing 13 “success stories,” the NLRB’s new web page:
discusses workers’ rights under Section 7 of the NLRA;
specifically notes that such rights are available to all employees “even if they aren’t in a union;”
states that if employees are penalized for engaging in protected activity, the NLRB “will fight to restore what was unlawfully taken away;” and
urges employees to contact their NLRB Regional Office if they have any questions about their rights.
Commenting on the NLRB’s latest initiative to educate the U.S workforce, Board Chairman Mark Pearce stated, “Our hope is that other workers will see themselves in the cases we've selected and understand that they do have strength in numbers.”
The web page is further evidence of the NLRB’s aggressive outreach efforts, particularly with respect to workers who are not represented by a union. For all employers, the NLRB’s new web page is another reminder of the need for regular NLRA compliance training.