National Labor Relations Board May Require Electronic Posting of Remedial Notice
In a three to one vote, the National Labor Relations Board recently ruled that it will now require employers or labor organizations to distribute remedial notices electronically if the charged party customarily uses such technology to disseminate messages. This requirement would be in addition to the posting of paper remedial notices. To date, posting requirements have been limited to bulletin boards in company headquarters or job trailers where the effected employees gather to receive or view information from the employer. In J&R Flooring, Inc., 356 N.L.R.B. No. 9 (2010) (3-1), the Board noted that the growth of intranet, websites, e-mails and other electronic communications for communicating with employees should be tapped as part of the notice posting requirement. This change will apply prospectively to all pending cases and will result in modification of the standard language in the notices used in unfair labor practice cases. The decision serves as a portend of future changes by the Obama Board regarding access by both the Board and organized labor to employer intranet systems.