4 Days Left to Comment on Pro-Union NLRB Proposed Rule Governing Notification of Employee Rights


After Congress refuses to pass the Employee Free Choice Act, the NLRB demonstrates a major shift in regulatory practice with a proposed rule change that tilts the scale in favor of organized labor. The proposed rule is biased, promotes union organizing, and puts union-free organizations at risk for potential administrative cost increases of 17% -25%. Oliver Bell, Inc. is encouraging organizations to submit comments before the deadline of February 22, 2011.

On December 22, 2010, the National Labor Relations Board (NLRB) proposed a new rule that would require nearly all private employers to post notices in the workplace advising employees of their right to organize. This is a major shift in regulatory practice as the NLRB is supposed to be neutral and protect the employee's right to choose to be in a union or to not be in a union. The proposed policy is outright union advocacy. Oliver Bell, Inc. is encouraging individuals and organizations alike to submit a comment to the NLRB by the deadline of February 22, 2011. Instructions and a template for drafting a submission can be found on the Oliver Bell, Inc. website at http://oliverbell.com/NLRB_Posting_Rule_Response.html.

“Many of our friends and clients say they disagree with the NLRB's proposed posting rule. Almost universally, they indicated that such an action would cause more turmoil and unrest in an already depressed economic environment and stressed work place by fomenting dissension” says Oliver Bell, CEO. The firm’s statement, which can be read on their website, argues that this kind of NLRB posting can be misleading to employees who may easily conclude that the NLRB is encouraging unionization as something that must be good for them. Bell adds “Don’t be mistaken, we are not anti-union. My take on this is very simple. Employees who vote for a union do so for a reason. Also those that don’t support unions do so for a reason. When it comes to unionization, employees don’t vote unions in - they vote management out. We recognize that most union-free employers have worked, in good times and bad, to earn employee trust and confidence such that their employees deem unions unnecessary. The flip side of that coin is that some where along the line other employers, with unions, have breached employee trust, lost employee confidence, and ended up unionized.”

“The posting does not provide full information to employees about the risks of unionization. It is unequivocally the case that in contract negotiations, sometimes employees win and sometimes they lose” says Annette Raggette, Vice President of Oliver Bell, Inc. “The question employers have asked us is how can they effectively oppose this proposed NLRB action, which on its face sounds rather benign, but in practice is both disruptive and counterproductive?” adds Kristin Anderson, Vice President of Oliver Bell, Inc. “One way is to submit a comment. It takes five minutes and can be done online” she adds.

Comments may be filed electronically by going to http://www.regulations.gov and searching for Regulation Identification Number (RIN) 3142-AA07. Visit http://www.oliverbell.com for links and instructions.

Oliver Bell, Inc. is a labor relations consulting firm that provides pro-employee/employer strategies for union and nonunion employers in the United States, Canada, Central America and Caribbean. The consultants of Oliver Bell, Inc. work with clients to find the most effective approach to align organizational and stakeholder goals to enhance employee relations while reaching production and revenue targets. Please visit us online at http://www.oliverbell.com or follow Mr. Bell’s on his blog at http://blog.oliverbell.com and on twitter @oliverjbell.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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