Employees should thoroughly review the obligations they are agreeing to when considering whether to join a Labor Union. A recent case from the Ninth District Court of Appeals from Medina, Ohio demonstrates that Union membership could cost you, literally. The Court in Bricklayers' Local Union No. 5 v. Ramey, 9th Dist. No. 10CA0121, 2011-Ohio-6331, upheld a Union's power to fine its members for violations of union rules.
The National Labor Relations Board (NLRB) issued a new final rule on December 26, 2011 limiting an employer's ability to challenge certain election procedures. The final rule is currently set to go into effect on April 12, 2012; however, like the new notice posting (now effective April 30, 2012), this new rule is subject to legal challenge. The U.S. Chamber of Commerce and Coalition for a Democratic Workplace have both filed lawsuits in federal district court challenging the new rule seeking injunctive relief. The lawsuits challenge the Board's authority to issue the new rule, citing violations of the First and Fifth Amendments.
President Obama announced his recess appointments to the National Labor Relations Board (NLRB) of Sharon Block, Terence Flynn, and Richard Griffin. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds.
The National Labor Relations Board is extending its reach by now requiring employers to notify employees of their rights under the NLRA through posting a new required notice by November 14, 2011. The posting requirement will apply to nearly all private-sector employers subject to the National Labor Relations Act.