Workers-rights flier draws controversy Employers must put up notice of workers' rights Nov. 14
Under a new federal rule that will be published Friday, most
employers - regardless of whether they have union workers - must post a
flier that spells out employees' rights under the National Labor
Relations Act.
That includes the right to organize a union, the right not to join a
union and how to contact National Labor Relations Board about
complaints. Employers must begin posting the notices Nov. 14.
The requirement applies to all private-sector employers subject to
the National Labor Relations Act, which excludes agricultural, railroad
and airline
employers. It also excludes very small employers. While the rule
doesn't give employees any new rights, it drew predictable responses
from labor and business groups. Unions cheered the decision, and some
business leaders say it's another sign of government intrusion into the
workplace. The rule could lead to more labor-board complaints, one
analyst said.
It's unclear whether the notice will have anything beyond symbolic power.
The ubiquitous employee bulletin board at many offices has similar
federal notices, from discrimination hotlines and workplace-safety
placards to information about minimum-wage laws.
Paul Smiley, a Goodyear business owner, was unsure that the rule
would apply to him because his employees work at federal work sites. But
in the four years that he's owned Sonoran Technology and Professional Services -- and had federal and state notices up - nothing has come of it.
"We are a small business and we really invest in our employees, the level of benefits they get," Smiley said. "How they are treated is my primary focus."
A Tucson businessman, however, criticized the rule as red tape.
"The government continues to pile a never-ending stream of small
burdens on business owners that eventually crush their desire to
continue," said Joe Higgins, owner of Sports Buzz Haircuts.
Arizona is a right-to-work state and the community is sensitive about
maintaining its business-friendly climate, said Garrick Taylor,
spokesman for the Arizona Chamber of Commerce and Industry. Under
Arizona's right-to-work law, workers can't be forced to join a union in
order to get a job.
There is already some tension between local business groups and the
board. In April, the panel announced plans to sue Arizona to block an
initiative passed by voters in November that requires workers who want
to organize a labor unions to have a secret-ballot election.
"In the face of this sputtering economy, how does this create one new
job?" Taylor said about the new rule. "I don't see how requiring
employers to jump through another hoop does anything to help their
bottom line."
In a letter to the Labor Relations Board, the chamber's CEO, Glenn
Hamer, also argues that the notice is biased in favor of unions and
doesn't include other information, such as the right to decertify a
union. It also doesn't spell out the disadvantages of union
representation, such as an individual worker's inability to bargain
directly with management, he said.
A local labor union was pleased about the new rule. However, it will
probably have limited impact in the workplace, said Rebekah Friend,
executive director of the Arizona AFL-CIO.
"I am not sure what the big fear factor is for the business
community," she said. "I will tell you, it does not take that much time
to update the poster board. It's not a time constraint or a fiscal
constraint."
There are many similar notices at worksite bulletin boards and
workers typically look at them when they have a question or concern
about a workplace issue and they need to know who to contact.
When the new posters go up this fall, "I don't think that you will
see a flock of employees standing around those boards, reading the
notices," Friend said.
The National Labor Relations Board is a panel that investigates
unfair labor practices and oversees issues that impact worker and
unions. The board also prosecutes complaints and has judges who hear
cases.
Many employers that don't have union workers probably don't realize
that they are regulated by the Labor Relations Board, said Julie Pace, a
Phoenix lawyer who represents businesses.
"The NLRB can take action whenever employees allege that a company
took action against them because, together, those employees opposed or
wanted to change a company employment practice or policy," Pace said.
The board has ruled that many common items in employee handbooks
aren't legal, including rules that prohibit workers from posting certain
information on social-media websites.
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