News for the Hospitality Executive
Labor and Employment Lawyer Update:
Union Rights Notice Subject to Legal Challenge -
Employers Should Not Rush To Post It
By Jim Butler & Scott Brink of the Global Hospitality Group®
Author of www.HotelLawBlog.com
September 21, 2011
On September 10 2011 , we let you know that the National Labor Relations Board (NLRB) is making it harder to stay union free.
As of November 14, 2011, most private sector employers are required, by a controversial new National Labor Relations Board rule, to post a notice advising employees of their rights under the National Labor Relations Act.
Now, according to my partner, labor and employment lawyer Scott Brink, the NLRB's authority to issue the new rule is already the subject of legal challenge.
Because NLRB enforcement of the new rule may be delayed -- pending the resolution of a lawsuit challenging the validity of the rule -- employers should not rush to post the notice before the November 14, 2011 deadline.
Scott's brief article below explains what is going on and why you need to pay attention this important development.
A link to the NLRB's Form of Notice, which was issued September 14, 2011, may be found at the end of the article.
Labor Law Update: Controversial Union Rights NoticeAs of November 14, 2011, most private sector employers are required, by a controversial new National Labor Relations Board rule, to post a notice advising employees of their rights under the National Labor Relations Act. A link to the Form of Notice, which was issued on September 14, 2011, may be found at the end of this article.
Now Available From Labor Board -- Employers Should Not Rush To Post
Scott Brink | Hotel Lawyer, JMBM Global Hospitality Group®
This new rule requires employers to post an 11 x 17 inch notice in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. In addition, employers who post personnel policies or workplace notices to internal or external websites are required to post the notice on those sites. The NLRB has stated that failure to properly post the notice may toll statutes of limitations on unfair labor practice charges and may itself be an unfair labor practice.
Employers should not rush to post the notice prior to November 14, as the NLRB's authority to issue the new rule is already the subject of legal challenge. NLRB enforcement of the new rule may be delayed, pending the resolution of a lawsuit challenging the validity of the rule.
The NLRB's authority to issue the new rule is questionable. While the Act does authorize the NLRB to enforce its provisions, nothing in it specifically authorizes the NLRB to require employers to post notices if they are not involved in representation cases or unfair labor proceedings.
Employer organizations and business groups have criticized the new rule and the content of the notice on the grounds that it improperly fosters union organizing. The NLRB's form of notice advises employees that they have the right to:
The notice also advises employees that it is illegal for their employer to:
The Form of Notice can be found here:
Employee Rights Under the National Labor Relations Act
Jim Butler is a founding partner of JMBM, and Chairman of its Global Hospitality Group® and Chinese Investment Group™. Jim is one of the top hospitality attorneys in the world. GOOGLE "hotel lawyer" and you will see why.
Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. They are deal makers. They can help find the right operator or capital provider. They know who to call and how to reach them.
JMBM’s Global Hospitality Group®
The hotel lawyers in the Global Hospitality Group® of Jeffer Mangels Butler & Mitchell (JMBM) comprise the premier hospitality practice in a full-service law firm and are the authors of the Hotel Law Blog. We represent hotel owners, developers, investors and lenders and have helped our clients find business and legal solutions for more than $60 billion of hotel transactions, involving more than 1,000 properties worldwide. For more information about the Global Hospitality Group®, go to www.HotelLawBlog.com. For more information about full range of legal services provided by JMBM, go to www.JMBM.com.
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from Hotel Franchise and Management Lawyers: Beware the Trap of
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and Employment Alert: New Law Requires Employers to Post Employee
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