Monday, January 6, 2014

PERB Follows NLRB to Require Employers Give Electronic Notice of Unfair Labor Practices

In Stationary Engineers Local 39 v. City of Sacramento (December 24, 2013) PERB Dec. No. 2351-M, PERB formally adopted the NLRB's rule from J & R Flooring, Inc. d/b/a Picini Flooring (2010) 356 NLRB No. 9, to require electronic notice postings.  As it explained, PERB "update[d] PERB's traditional posting requirement to better conform to the realities of the 21st-century workplace."

The rule requires "that where the offending party in unfair practice proceedings, whether it be an employer or employee organization, regularly communicates with public employees by email, intranet, websites, or other electronic means, it shall be required to use those same media to post notice of the Board's decision and remedial order."

This does not replace current rules about notice posting, but instead "shall be in addition to the Board's traditional physical posting requirement."