Employers Must Post Notice of Employee Rights under the NLRA

David L. Swider, Chair of the Labor and Employment Law Group of Bose McKinney & Evans LLP

Few areas of the law are as politicized as much as the National Labor Relations Act (NLRA). When Republicans are in office, the National Labor Relations Board (NLRB or Board) leans to the right, generally making it more difficult for unions to gain or maintain a stronger foothold in the American workforce. Conversely, when the Board is comprised of a majority of Democratic-appointed members (as it is now), unions are supported and assisted in their efforts to organize more workplaces. The present administration has waged an ongoing effort to bolster the ranks of organized labor. Beginning with the ill-fated and so-called Employee Free Choice Act, and turning most recently to union-backed executive order and Board action, President Obama has promoted the growth of unions. That sentiment has now given way to a new posting requirement for unionized and non-unionized employers alike.

Commencing January 31, 2012, most private-sector employers, regardless of the representative status of their workers, must post a notice of employee rights under the NLRA. This controversial administrative rule enacted by the NLRB is the first of its kind to require the posting of a notice outside the context of a union election or an employer's admitted or adjudicated commission of an unfair labor practice. The rule requires certain content in the postings, identifies the necessary posting methods (both physical and electronic), and outlines possible sanctions for noncompliance. While subordinated language in the posting advises employees of their right not to engage in organizing activity, there is no question that the overall theme of the posting, including its very existence, is aimed at assisting unions in gaining new members. Indeed, the poster effectively announces to employees: "You have the right to 'organize and bargain collectively' with your employer."

To learn more about posting requirements and their implications, read the rest of the article. For additional assistance with union-related issues, including union avoidance, unfair labor practice charges, collective bargaining, and arbitration, e-mail the Labor and Employment Law Group at Bose McKinney & Evans LLP or call 317.684.5161.

Nominate the Mentors in Your Life

FlashPoint believes in the power of mentoring. Many of our leadership development programs focus on helping managers become better mentors, and we've worked with many clients to build mentoring programs in their workplaces.

That's one of the reasons we're excited to sponsor this year's Inspire Awards, which recognize outstanding mentors in the workplace and community. Revenues from the awards event support College Mentors for Kids, a nonprofit that pairs first- through eighth-grade children with local college student mentors.

Has a mentor made a difference in your life or in your career? Recognize him or her--or another individual you know who mentors others--by nominating the person for an Inspire Award by January 27, 2012. Award winners will be announced during a ceremony on February 29, 2012, at the Indiana Roof Ballroom in downtown Indianapolis. 

For more information, visit the College Mentors for Kids website. Then promote the Inspire Awards by downloading and distributing this flyer.

FlashPoint in the Community: Kiwanis Club of Indianapolis

This holiday, FlashPoint's business development manager, Jeremy King, will join fellow members of the Kiwanis Club of Indianapolis in ringing bells for the Salvation Army. This effort to raise money for those in need is just one of the many worthwhile community activities the service club sponsors.

With a membership of more than 250 community leaders, Downtown Kiwanis (as it's known) is one of the largest Kiwanis Clubs out of approximately 7,500 clubs throughout America and the world. While the size of the membership attests to the club's popularity, what really matters most to the club is the depth and breadth of its community service, the quality of its business networking, and the excellence in programming.

Club members are especially proud of their service to Indianapolis's children. They raise money and volunteer for targeted social programs in a number of areas, including education, health care, athletics, and child advocacy. Key projects include the Lincoln Scholarship Awards program, which provides scholarships to high school students who have heroically overcome serious physical, mental, and emotional challenges; the Fostering Families program, which offers support to parents who take in foster children; service leadership clubs, which teach community service and leadership skills to young people from elementary through high school; and Partners with Riley, which delivers fun and engaging activities that brighten the lives of the young patients at Riley Hospital for Children.

This year Jeremy was voted president-elect of the club, and he's heavily involved in developing and implementing the club's strategic plan so that it maintains its long-term viability. He also started and oversees one of the service leadership clubs at Indianapolis Public School #56; the club recently received national recognition for its results during a book drive and for donating more than 9,000 items to Gleaners Food Bank.

If you're interested in joining the Kiwanis Club of Indianapolis and making a difference in the community, check out the club's website. There you'll find more information about the club's programs, details on how you can become a member, and a membership application.

What's New on Our Blog

Looking for FlashPoint's insight into HR-related topics? Here's a list of what we've been blogging about this holiday season.

• 'Tis the Season to Give Feedback
• The Michelangelo Manager--Getting Sistine Results in a Post Great Recession World
• You Say Humuhumunukunukuapuaa; I Say Humuhumu

We like to know that people are paying attention to what we write, so please leave a comment. While you're at it, subscribe to receive regular updates (as you're reading the blog, feed subscription details are in the column to the right).

Helpful Tips to Consider as You Post the Notice of Employee Rights

As you prepare to post the NLRB-mandated notice of employee rights and plan to address any issues or concerns it may raise (see the lead article to the left), FlashPoint offers the following tips:

• Make sure that you have in place policies that will help protect you from organizing efforts. These include a strong non-solicitation/non-distribution policy, a policy on e-mail and Internet use prohibiting misuse of the organization's computer resources, and a union preference statement indicating that the organization's goal is to foster an environment where employees can talk directly with management and therefore to remain union-free.
• Adopt practices that promote a positive work environment. For example, be sure that you develop a solid compensation program, fair overtime policies, and a competitive paid-time-off policy.
• Enforce your policies regularly and consistently; you don't want someone to accuse you of picking and choosing how you apply them.
• Train your supervisors so they understand how they can help the organization remain union-free. Help them understand signs to look for so they recognize when unionization efforts are under way. Make sure they know how to respond if they suspect union activity.
• Help your supervisors develop the skills they need to be better managers; this may include training on communicating with employees, managing employee performance, building leadership skills, and more.
• Regularly survey your employees to find out how they feel about their jobs and the work environment and then address their concerns. Employees are less likely to unionize if they feel that management cares about them and listens to their input.

For more information on implementing these ideas, contact FlashPoint. We can work with you to build sound policies, develop management training programs, conduct employee surveys, and more.

Laws and Rulings Affecting HR

A unanimous Illinois Supreme Court reaffirmed that Illinois courts must consider whether an employer has a legitimate business interest in need of protection when determining the enforceability of restrictive covenants, including non-competition agreements. According to a Barnes & Thornburg labor alert, the Court overruled recent Illinois appellate court decisions that failed to take an employer's legitimate business interest into consideration when determining whether to enforce a non-competition agreement. For more information about the decision, including how it will affect employers who conduct business in Illinois, read the full alert.

While we hope you'll find this information helpful, we remind you that you shouldn't construe it as legal advice or legal opinion. For more information about Barnes & Thornburg's Labor and Employment Law department, visit the firm's website.

Upcoming Events

RESOLVE
January is filled with resolutions, of course, and in keeping with that theme FlashPoint is cosponsoring RESOLVE, a free symposium focused on building a better business. Gerry Dick, president and managing editor of Grow Indiana Media Ventures, and Todd Richardson, senior vice president of strategic HR and general counsel at ExactTarget, will present the keynote address. Gerry will share insight on his experiences in working with companies on the Indiana Business Council, and Todd will discuss key performance factors from the vantage point of a fast-growing, successful Indiana business that values culture and people as well as customers.

After the keynote, participants can attend three different breakout sessions for a more in-depth conversation. FlashPoint principal Andrea Cranfill will present one of the sessions, on aligning, developing, and advancing your organization's talent, and consultant Jennifer Rufatto will explore developing leaders through mentors. Each 45-minute breakout session is designed to leave participants with actionable ideas they can implement in their organizations.

Approval is pending for PHR/SPHR recertification credits.

Details
Date: Tuesday, January 24
Time: 7:30 to 11:30 a.m.
Location: Sheraton Indianapolis, 8787 Keystone Crossing
Cost: Free
To Register: Sign up through Eventbright
For More Information: E-mail cosponsor FirstPerson Benefit Advisors or call 317.218.1558

Cosponsored by FirstPerson Benefit Advisors, FlashPoint, and the Prince Group of Stifel Nicolaus

HR Openings

FlashPoint is pleased to promote HR-related job openings at our clients and associates. Follow the links or instructions below to learn more and to apply.

• Gleaners Food Bank--Human Resource Generalist
• Indianapolis Public Library--Director of Human Resources
• Indianapolis-area accounting firm--Learning and Development Manager