- Recent NLRB Decision Requires Employers to Post Remedial Notices Electronically - - Via E-mail, Intranet and/or Internet
- November 11, 2010
- Law Firm: Obermayer Rebmann Maxwell Hippel LLP - Philadelphia Office
In a case decided by the National Labor Relations Board (“NLRB”) on October 22, 2010 J&R Flooring, Inc. d/b/a JP Picini Flooring, 356 N.L.R.B. No. 9, (2010), the NLRB determined that employers who have committed unfair labor practices will be required to post remedial notices both in paper form and electronically where the employers routinely use electronic technology to communicate with their employees. Noting that electronic communication is now the norm in most work places, the NLRB decided that requiring electronic postings by e-mail and/or on Intranet or Internet pages will improve the administration of the National Labor Relations Act (“Act”) by insuring that remedial notices are adequately communicated to employees affected by an employer’s unfair labor practices.
Generally, every NLRB order requires the posting of notices setting forth the actions that will be taken to remedy specific unfair labor practices. Prior to this ruling employers were required to post paper notices in conspicuous places at the employer’s premises. Traditionally, such conspicuous places included areas where employees congregated. For example, paper notices were posted in front of the employee time-clock, on employee bulletin boards, or in the employee break room.
In J&R Flooring, Inc., the NLRB decided that merely posting paper notices would be inadequate to reach employees who are accustomed to receiving important information electronically. As a result, the NLRB determined that, in addition to physical paper postings, remedial notices are to be posted electronically where the employer customarily sends or posts electronic messages to communicate with its employees.
The issue as to whether a particular form of electronic notice is appropriate, i.e., via e-mail, intranet or internet, was left open. The NLRB determined that those considerations should be evaluated by the NLRB’s Compliance Branch of the Division of Enforcement based on a detailed analysis of how the employer disseminates information to its employees.