IBA ISSUES UNION MEMBER DUES AND DECERTIFICATION RIGHTS POSTER TO ACCOMPANY NLRB EMPLOYEE RIGHTS POSTER
The Independent Bakers Association sent its membership additional information on Employee
Union Dues rules and Union Decertification procedures. The document is for membership to consider posting along with the Employee
Rights poster mandated in the final rule issued late this summer by the National Labor Relations Board. All business are required post the NLRB Employee Rights poster on or before
January 31, 2012. https://www.nlrb.gov/poster
The IBA document
(attached) on two 8 ½ by 11 inch pages details options for union members to opt out of all or part of union dues as
“objectors,” instructions for Union decertification elections and includes a table of detailing Union decertification
elections form 2001-2010. The National Association of Manufacturers (NAM) and the Coalition for a
Democratic Workplace (CDW) filed suit against the National Labor Relations Board, its members and its Acting General Counsel
seeking to declare unlawful the Final Rule entitled “Notification of Employee Rights under the National Labor Relations
Act. The goal of the lawsuit is to have enforcement of the Rule enjoined and
set aside. The basis for the lawsuit is summarized as follows: ·The “Employee Rights” notices, as framed, “lack neutrality and unfairly encourage
and promote unionization.”·The notice requirement constitutes a “massive, unprecedented and unlawful
expansion of the Board’s jurisdiction.”·The Rule “adversely affects nearly six million businesses by forcing
them to promote unionization of their workforces upon pain of otherwise committing an unfair labor practice.” and·The
Board’s promulgation of the Rule exceeds the NLRB’s “statutory jurisdiction, authority, or limitations.”
The Amended Complaint seeks to declare
the Rule void on its face, and also seeks preliminary and permanent injunctive relief to “prevent the Board from implementation,
enforcement and application of the Rule.” So what does that mean for all employers subject to the Rule?
Since the posting requirement takes effect on November 14, 2011, one expects there will be a motion for a preliminary injunction
filed before that time, with a request that NAM and CDW be granted an expedited hearing on that motion.
|
|
|
