When the Employee Free Choice Act (EFCA) died in Congress, many observers predicted the Obama administration’s efforts to help unions organize workers would shift to the National Labor Relations Board (NLRB), where the president had installed a pro-union majority.
Two December 2010 developments at the NLRB indicate that process is underway. The board proposed a rule that would require all employers covered by the National Labor Relations Act (NLRA)–an estimated 6 million businesses–to post a notice detailing employees’ rights under the act. Critics say it is worded to encourage workers to file unfair labor practice charges against their employers. And the board’s acting general counsel urged regional offices to seek enhanced penalties in conjunction with requests for injunctive relief for alleged violations of the act during an organizing campaign (see “Injunction Instructions”).
