Labor & Employment Law

J. Picini Flooring: Electronic NLRB notices

J. Picini Flooring, et al. (28-CA-21229, et al.; 356 NLRB No. 9) Las Vegas, NV, October 22, 2010. (J & R Flooring, Inc. d/b/a J. Picini Flooring and Freeman's Carpet Service, Inc. and FCS Flooring, Inc. and Flooring Solutions of Nevada, Inc., d/b/a FSI)

The NLRB held that respondents found to have violated the National Labor Relations Act should be required to distribute remedial notices electronically, such as by email, posting on an intranet or internet site, in addition to physical posting of paper notices on a bulletin board, when that is their customary means of communicating with employees or members. The Board further held that questions concerning whether a respondent customarily uses a particular electronic method in communicating with employees or members, and other relevant matters, may be resolved at the compliance stage.

Dissenting, Member Hayes stated that he was opposed to broadening the Board's traditional notice posting remedy and that, in his view, requiring electronic posting of Board remedial notices unfairly imposes additional obligations and sanctions on respondents that go far beyond what is required by the simple posting of a traditional paper notice. He further observed that electronic notices are at much greater risk than traditional paper notices of being anonymously altered and broadly distributed.

Charges filed by International Union of Painters and Allied Trades, District Council 15. Administrative Law Judge Lana H. Parke issued her decision September 5, 2007. Chairman Liebman and Members Becker, Pearce, and Hayes participated.

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Full post as published by Ross' Employment Law Blog on October 26, 2010 (boomark / email).