This will not be the end of the Notice posting issue. In an April 17 press release, NLRB Chairman Mark Gaston Pearce said, We continue to believe that requiring employers to post this Notice is well within the Boards authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.
Many employers and their advocates have expressed concern that the Notice posting requirement might lead to increased union organizing activity. This concern is now less immediate, but the NLRBs new election rules that become effective at the end of April could also have a tendency to increase unions organizing success rates.
To prepare for the new election rules, employers wishing to avoid unionization may be wise to take proactive steps to improve their positioning in the event of union activity in the workplace, such as ensuring that supervisors are clearly identified and empowered with the kind of authority the NLRB will recognize as sufficient to keep them out of any unit that a union attempts to organize.
PartnerMark Mathison advises and represents a wide range of employers, including corporations, nonprofits, and educational organizations, on labor and employment law issues in the workplace. Mark’s practice has a significant focus ...
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