The National Labor Relations Board’s recent rule requiring virtually every employer in America to post a notice describing its employees’ rights under the National Labor Relations Act (NLRA) is reflective of two disturbing trends at the NLRB: first, a myopic and partisan focus on increasing unionization by whatever means, including bold exercises of authority not within the agency’s statutory mandate; and second, a concomitant disregard of protected employee rights to refrain from union activity.
Under the new rule — enacted just a few weeks after the NLRB proposed to radically shorten the time it takes to conduct secret-ballot elections for union representation, so as to limit employers’ right to express their views about unionization to their employees — an estimated 6 million employers will be required to post a notice in every workplace. Further, if the board finds that an employer’s failure to post the notice was “knowing and willful,” this fact may be deemed presumptive evidence of an “unfair labor practice,” or violation of the NLRA.
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