NLRB Employee Rights Notice
Written by Steve Van Beek
As of January 31, 2012 most private sector employers will need to post a notice advising employees of their rights under the National Labor Relations Act. While some employers, such as agricultural, airline, and railroad employers, are exempt, credit unions are not specifically exempt and should post the notice by the effective date.
The FAQs are useful. Â Below are few examples:
- What if my organization is a non-profit?Â Â Non-profit organizations are not exempted from the NLRA and are thus required to post the Notice.
- What if I am a federal contractor?Â Â Federal contractors alreadyÂ are required by the Department of Labor to post a similar notice of employee rights.Â A contractor will be regarded as complying with the BoardÃ¢ÂÂs Notice posting rule if it posts the Department of LaborÃ¢ÂÂs notice.
- What if I operate a small business?Â Â The BoardÃ¢ÂÂs jurisdiction extends to most small business owners. However, some very small employers whose annual volume of business is not large enough to have more than a slight effect on interstate commerce are exempted. Â
There are two different standards (retail and non-retail) that determine if the Board has jurisdiction. Â The standard is $500,000 for retail businesses and $50,000 for non-retail businesses. Â
Naturally, the question is which standard applies to credit unions? Â A resource of the NLRB indicates thatÂ eitherÂ standard could apply to credit unions. Â Here is what it states:
"1-310 Â Credit Unions Â 280-6140Â
Credit unions (nonprofit corporations engaged in the extension of consumer credit) are withinÂ the BoardÃ¢ÂÂs jurisdiction. Credit unionsÃ¢ÂÂ operations, like those of many financial institutions, haveÂ aspects of both retail and nonretail enterprises. To the extent credit unions lend money to orÂ secure deposits from individuals, their operations appear to be retail in nature. To the extent theyÂ invest their funds in Treasury notes or commercial ventures, their activities are nonretail inÂ nature. Thus, the impact on commerce of credit union operations may be measured by either theÂ retail or nonretail standard. East Division, Federal Credit Union, 193 NLRB 682 (1971)."Â Â
At the end of the day, I don't think either standard provides a useful guide as they are based on volumeÂ which is different than an asset threshold. Â Rather than wade through the details of the exceptions, the easiest path might be to post the notices and move on to the next compliance challenge.
Have a great weekend everyone! Â