We hope that everyone was able to take time off for some extended rest, relaxation, and renewal this summer, or, at least, to enjoy a less frenetic pace in the office, while faculty and students were away from campus on summer break. While you were away, so to speak, there were a few regulatory developments that you should be aware of—as well as some leading-edge HR and leadership thinking that we want to bring to your attention.
New Employee Poster Required. ?In late August, the National Labor Relations Board (NLRB) announced its final rule on “Notification of Employee Rights under the National Labor Relations Act (NLRA).” The rule takes effect on November 14, 2011, when the NLRB's notice must be posted in the workplace.
- What Is This All About—During the past two years, there has been a lot of discussion in Congress about union-organizing rights—such as the proposed Employee Free Choice Act (EFCA), which would have made it easier to hold an election to establish union representation. As support for EFCA has faded somewhat, pro-union forces appear to be trying to work toward the same purposes through NLRB regulations. Essentially, the notice re-inforces and publicizes employees’ rights to seek and certify a union to collectively bargain for them regarding their terms and conditions of employment.
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- What You Need To Do—You must post a copy of the revised notice—which is not yet available—alongside your current labor law postings. According to the NLRB, the poster must measure 11” x 17.” You can download copies from the NLRB website after October 1st. Alternatively, you can order copies of the poster from any number of vendors (Google “nlrb poster” and you’ll have no trouble finding vendors.)
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- Consequences of Not Posting the Notice—An employer’s failure to post the notice may be treated as an unfair labor practice under the NLRA.
Beware of Firing Employees Due to Facebook Postings?. Continuing the expansion of non-union employees’ NLRA rights, there was this story last month: “Administrative Law Judge Finds Non-Profit Unlawfully Discharged Employees Following Facebook Posts.” In the first ruling of its kind, a National Labor Relations Board Administrative Law Judge has found that a Buffalo nonprofit organization unlawfully discharged five employees after they posted comments on Facebook concerning working conditions, including work load and staffing issues. More details are available here.
Missouri State Law Prohibiting Teacher-Student “Friending” Is Put On Hold. ?For a few weeks this summer, Missouri had a law on the books that prohibited teachers from “friending” underage students (such as on Facebook). While a judge has placed a temporary injunction on enforcing the law, the debate surrounding this issue seems likely only to intensify. On the one side are advocates for free speech; on the other are advocates for protecting children (a student who had been repeatedly molested by a teacher was the impetus for the law). More details are available here.
Making Sense of Social Media. ?Are you wondering what the moral of these stories are? Simply this—have a social media policy that is consistent with federal and state law—and always consult your employment attorney before terminating anyone for social media-related reasons. To get you started, we encourage you to e-mail our HR consultant for a free copy of ISM’s Sample Social Media Policy for private schools.
Thought-Provoking HR and Leadership Blog Postings?. Some of our favorites from the past month include the following which we culled from Twitter.
