PDF《Vol. 76》

(ii) the date of recognition;

(iii) that all employees, including those who previously signed cards for the recognized union, have the right to be represented by a labor organization of their choice, or no union at all;

(iv) that within

45 days of the date of the notice a decertification or rival petition, supported by

30 percent or more of the unit employees, may be filed with the Board and will be processed to an election;

and, (v) that if no petition is filed within

45 days, the recognition will not be subject to challenge for a reasonable period to allow the employer and union to negotiate a collective-bargaining agreement. Dana Corp.,

351 NLRB

434 (2007). NATIONAL LABOR RELATIONS BOARD

29 CFR Part

104 RIN 3142CAA07 Notification of Employee Rights Under the National Labor Relations Act AGENCY: National Labor Relations Board. ACTION: Final rule. SUMMARY: On December 22, 2010, the National Labor Relations Board (Board) issued a proposed rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. This final rule sets forth the Board'

s review of and responses to comments on the proposal and incorporates any changes made to the rule in response to those comments. The Board believes that many employees protected by the NLRA are unaware of their rights under the statute and that the rule will increase knowledge of the NLRA among employees, in order to better enable the exercise of rights under the statute. A beneficial side effect may well be the promotion of statutory compliance by employers and unions. The final rule establishes the size, form, and content of the notice, and sets forth provisions regarding the enforcement of the rule. DATES: This rule will be effective on November 14, 2011. FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive Secretary, National Labor Relations Board,

1099 14th Street, NW., Washington, DC 20570, (202) 273C1067 (this is not a toll- free number), 1C866C315C6572 (TTY/ TDD). SUPPLEMENTARY INFORMATION: I. Background on the Rulemaking The NLRA, enacted in 1935, is the Federal statute that regulates most private sector labor-management relations in the United States.1 Section

7 of the NLRA,

29 U.S.C. 157, guarantees that Employees shall have the right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities[.] In Section 1,

29 U.S.C. 151, Congress explained why it was necessary for those rights to be protected: The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening ........