Rumblings at NLRB

The Natioanl Labor Relations Board is scheduled to meet today and vote on rule changes that would shorten the time for union elections.  The proposals are very determential to the business community and would create tremendous turmoil in the workplace.  However, there is a threat from the Republican representative on the board, Brian Hayes, to resign - a move that would effectively shut down the board and prevent the vote on union organizing. Without the presences of Mr. Hayes the board would not have a quorum and could not conduct business.  There appears to be a new proposal by board Chairman Mark Pearce that he described as a "more limited resolution." He said it would only apply to "the minority of elections which are held up by needless litigation" and other disputes.  It's a sticky situation at the NLRB.  There are still 2 open seats and looks like it will remain that way until after the elections.

Stay tuned and keep an eye on the actions of the NLRB.

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NLRA Poster

The National Labor Relations Board (NLRB) has postponed the implementation date for the new NLRA "Employee Rights Notice ".  The initial effective date of November 14 has now been pushed back to January 31, 2012 to allow for " enhanced education and outreach to employers".  There are also issues to be determined by the courts as to whether or not the Board has the authority to require the posting.  The notice details the rights of employees under the National Labor Relations Act including the right to organize, bargain collectively, to discuss wages and other terms and conditions of employment, picket and strike.

This is another ploy in the Obama's administration efforts to tip the scales in favor of union organizers.  There are other rule changes that are being considered that are more egregious than this one.  Stay alert and we will try to keep you informed as to what is happening.

Federal Legislation

I haven't posted since the end of the legislative session in Raleigh but there are some issues on the Federal level that deserve our attention.  So will play a major role in the economic recovery.   Foremost among them is H.R. 2587 that was introduced in response to the National Labor Relations Board’s (NLRB) complaint against The Boeing Company’s plant in South Carolina.  A blatant attempt to mandate where a company can operate and expand its business. This bill prohibits the NLRB from ordering any employer to relocate, shut down, or transfer employment under any circumstance.  Passage of this bill would reaffirm the rights of business to decide where to expand, invest and operate.  If the NLRB is allowed to dictate how a company does business then our economic recovery will be derailed.  It's imperative that we urge our legislators to support this bill.  It is expected on House floor week of September 12 so move fast.

Another unfriendly rule coming out of the Department of Labor is the so called "gag rule".  The U.S. Department of Labor recently proposed a change to the Labor Management Reporting and Disclosure Act (LMRDA),  that would dramatically limit the “advice” exception in the LMRDA which means that most discussions about unions between company managers and their attorney or consultant will be subject to public reporting requirements. Due to the confidentiality between lawyers and their clients, this will make it significantly more difficult for employers to access counsel during union organizing campaigns.  Additionally, failure to report or filing incomplete reports could result in civil and criminal penalties.  This would definately limit a companies efforts to seek legal council and would put them at a disadvantage in union elections.  The comment period is still open.  Click here and submit your comments and concerns.

Session in Recess

Both the House and Senate wrapped up the session on the 18th of June, enacting the state budget two weeks before the start of the fiscal year, the earliest in over 30 years.  There were several pieces of legislation that favored business among them were regulatory and tax changes, along with legal and workers’ compensation reform.  Hopefully, these changes will create the 14,000 job in the coming two years touted by the Republican legislature.  The General Assembly will reconvene on July 13th to take up redistricting and review bills related to election law, appointments to various state boards and commissions, as well as conference reports not adopted upon adjournment.  They will also review any bill vetoed by Governor Purdue.  So it's not over yet.


In Cleveland County the big story will be who the Republicans will appoint to take the seat being vacated by Senator Clary.  If you know of anyone that is being considered let us know.  We appreciated the service and dedication Senator Clary gave to her constituents and wish her the best in her new endeavors.


Here is an over view of some of the legislation passed that might have an impact on your business.

Environmental Reform Signed by Governor

After receiving overwhelming approval from the House and Senate, environmental reform bill H45: Accelerate Cleanup of Industrial Properties was signed by Gov. Bev Perdue. The legislation permits “risk-based remediation,” which provides site-specific cleanup standards that would expedite the reuse of valuable industrial sites while ensuring protection of public health and the environment.

E-Verify Legislation Becomes Law

Legislation (H36) requiring all NC employers to use the federal E-Verify system to check the legal status of new hires was ratified by the General Assembly and signed into law by Gov. Perdue this week. Companies with 25 or more employees must begin using the system by July 1, 2013. Larger companies are required to comply earlier, with some starting in October 2012. 

Let us know if you have any questions concerning a bill.  We will be glad to research it and let you know where it is in the process.