On December 22, 2010, the National Labor Relations Board (NLRB) announced a proposed rule that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA), which includes the right to join a union. According to the NLRB, the purpose of the notice is “to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”
The NLRB notices are similar to current postings of workplace rights required under the Fair Labor Standards Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other workplace laws.
In the San Manuel v. NLRB cases, both the NLRB and the federal D.C. Circuit Court of Appeals held that the NLRA applies to tribal enterprises engaged in commercial activities, such as tribal casinos, even if located on Indian lands. Tribes in other states, such as Connecticut and Michigan, argue that the ruling is incorrect and does not apply to them.
The proposed rule, if applicable and enforced throughout Indian Country, would require tribal enterprises that are engaged in commercial activities to post the new NLRB notices where other workplace notices are typically posted. In addition, if an employer primarily communicates with its employees electronically, the notice would have to also be posted electronically.
Comments on the NLRB’s proposed rule are due by February 22, 2011.
The Federal Register Notice may be found here:
The NLRB Fact Sheet may be found here:
Please let us know if we may provide further information or assistance regarding the notice.