NLRB Regions Directed to Take Action Against Labor Law Violators

Signaling an aggressive new commitment to protect workers' union rights, the National Labor Relations Board's general counsel is instructing the agency’s regional offices to take swift action against employers who interfere with workers during organizing campaigns.

In two toughly worded memos issued at the end of 2010, NLRB Acting General Counsel Lafe Soloman told regional offices to seek injunctions against employers who violate labor law, and to use aggressive legal remedies under the National Labor Relations Act to protect "employee free choice regarding unionization." He cited the "chilling" effect of iIllegal tactics, such as firing union supporters, making threats or promises based on how workers vote in union elections, and surveillance of workers approached by union organizers.

"We must tailor remedies to recreate an atmosphere that allows employees to fully utilize their statutory right to exercise their free choice," Solomon said. In addition to seeking article 10 (j) injunctions to reinstate illegally fired workers, he encouraged requests for broader remedies, including:

• Requiring that legal notices and "cease and desist" orders not only be posted in the workplace but also be read to employees, either by a top manager or a NLRB agent, to dramatically reinforce the employer’s pledge to respect workers’ rights and obey the law.
• Requiring employers to provide the union with access to community bulletin boards and increased opportunities to communicate with union organizers.
• Requiring employers to provide workers' names and addresses to the union so it can more effectively reach out to them in settings away from employer scrutiny. "In the absence of having a strong new labor law, swift and tough action by the NLRB is essential to enforcing workers' freedom to choose union representation," CWA President Larry Cohen said. "The Board’s commitment to aggressively protect workers' rights is a step in the right direction."

In related action, the NLRB is proposing a rule requiring employers to post notices informing workers of their legal right to form unions. Employers would have to distribute the notice electronically if that is how they typically communicate with workers. If the rule wins final approval following a 60-day public comment period, it would be the first time since 1935 that employers are required to tell workers that they have the right to a union.