Proposed Rules Governing Notification of Employee Rights under the National Labor Relations Act - Essay Example

?Proposed Rules Governing Notification of Employee Rights Under the National Labor Relations Act December 22, The proposed rule by the National Labor Relations Board (NLRB) contains provisions which impose upon employers covered under the National Labor Relations Act (NLRA) the duty to post notices of their employees’ right as provided under the NLRA. This is grounded on the fact that most of employees are unaware of their own rights as afforded to them by law. Despite their being members of the workforce, a number remain uninformed of these rights for the main reason that no one has educated them of the same. The proposed rule aims to eliminate this loophole by allowing the employees to be acquainted with the specific provisions of law so that they may not be taken advantage of. This protection of labor is enshrined in the laws of the nation. Under Section 7 of the NLRA, the law provides for the employees’ basic right to self-organization by forming or joining a union freely and actively to bargain collectively towards “mutual aid or protection.” This right to organize is likewise coupled with the right not to self-organize or to join any organization of the same nature at the election of the employee and upon his own volition. The employer cannot impede this right to organize and to collectively bargain as this will lead to economic unrest. Furthermore, it is safe to pinpoint that to do such acts would be tantamount to unfair labor practice and proscribed by law. Consequently, the protection of labor is seen as mutually beneficial not only between the labor force and the corporations but ultimately beneficial to the entire nation. The NLRB proposes that as to the employers, there will be requirements of notice and posting that they must comply with. The Board exemplifies that the notice requirement is contained in other relevant and analogous laws but interestingly enough is not contained in the NLRA. This is addressed by the proposed rule as penned by the NLRB. This proposed rule enumerates the major aspects of the employee notice as to the ‘content requirements,’ ‘size and form requirement’ and such other relevant matter as ‘knowing noncompliance as evidence of unlawful motive.’ These matters shall be determined and enforced by the NLRB for the strict compliance of the employers. Among other things, there must routine posting in conspicuous areas that will elicit attention from the employees concerned. Because of the nature of today’s interactions, there is also consideration to the possibility of not only physical posting but also through electronic medium. This will be a great addition founded upon good intention to provide for the employees the opportunity to acquaint themselves of their own rights. As previously pointed out, many remain unaware of these and thus have a higher tendency to fall victim to unfair labor practices. The obligation upon employers to somewhat contribute to their education introduces transparency to the workplace. Though it is a maxim that ignorance of the law excuses no one, it remains imperative that people, especially the labor force, are informed and constantly made aware that these laws exist for their benefit and not the other way around. The proposed rule would now have the provident task, as pointed out in the dissenting opinion of Brian Hayes, that the Board is not given the power under the NLRA to address acts of noncompliance. Nonetheless, this opinion is not entirely base on solid ground as the NLRB has the mandate fundamentally to implement the NLRA. Establishment of the President’s Council on Jobs and Competitiveness Executive Order 13564 of January 31, 2011 The issue of unemployment persists to be the most pressing issue faced by Pres. Barack Obama. This problem has been the most heated subject of the just recently held presidential debate with reference to no less than Big Bird even being made mention of by his opponent Mitt Romney. People out of job have been a prevailing concern lingering within the past few years which culminated in the recession and has lingered on to this present time. In 2011, President Obama has issued E.O. 13564 which created the President’s Council on Jobs and Competitiveness (PCJC), also known as Jobs Council within the Department of the Treasury. The members are appointed by the President, the most distinct feature of which is that they will come from the private sector to represent different sectors. The main purpose of which is to obtain an objective insight to improve economic growth and stimulate job generation. The Council shall compose of a Chair, a Co-Chair and members who are citizens and experts in the pertinent field. Their main function is to provide independent advice made known to the president through a meeting. Under Section 3 of the Executive Order, the President has directed all executive agencies and offices to work with the PCJC and to render information upon request, the Department of the Treasury to support and to extend lawful appropriations and the members to receive unsubstantial allowances though without direct compensation. It has also provided that the Council shall exist for a period of two years unless otherwise extended by order of the president. This order has been implemented and enforced and has become an occasional topic discussed in the news. This is actually a renewal of what was the President's Economic Recovery Advisory Board. President Obama has been greatly identified with this team who he has proudly been commending to aid him in his policy views and enactments. There have been live broadcasts of the meetings made available to be viewed by the public. These are readily available through social video networking sites. The existence of the PCJC has somewhat given the Obama administration the authority to claim that it is adopting such measures, unconventional to an extent, to relieve the country of its ailing economic problems. It has led credence to the liberal approach of the President to involve other segments of society. The credibility of the members and the leaders of the Council has become a way to put a face to the team who are deeply involved with these particular issues. The fact that they are private citizens (mostly corporate executives) gives the overwhelming assurance that these are people without ulterior motives and are genuinely concerned for the people’s welfare. The latest criticism that has been faced after the implementation of this E.O. is right after the debate - and indeed the fact – that the Council has not met for a number of months. Media have dubbed them as missing in action while at the crucial moment nearing the election. The very same reason probably explains the more than six-month inaction of the Council since some of its members are said to be unsupportive of the President’s re-election bid (Gerstein, 2012). References Gerstein, J. (2012, July 18). President Obama's jobs panel missing in action. Politico. Retrieved from http://www.politico.com/news/stories/0712/78637.html Read More