RULES AND REGULATIONS - National Labor Relations Board

103.100 ORSubpart F—Remedial OrdersSec. 103.100 Offers of reinstatement to employees in armed forces.—When an employer isrequired by a Board remedial order to offer an employee employment, reemployment, orreinstatement, or to notify an employee of his or her entitlement to reinstatement uponapplication, the employer shall, if the employee is serving in the armed forces of the United Statesat the time such offer or notification is made, also notify the employee of his or her right toreinstatement upon application in accordance with the Military Selective Service Act afterdischarge from the armed forces. ∗EXPLANATORY STATEMENTWhen the Board finds that an employer has violated the National Labor Relations Act in such amanner as to cause an employee loss of employment, it requires as a remedy that that employeroffer the employee employment, reemployment, or reinstatement, as the case may be. When theemployee is in the Armed Forces of the United States at the time the required offer is made, theBoard uniformly requires that the employer’s offer also notify the employee of his right toreinstatement established by the Military Selective Service Act of 1967. 1 Similarly, when theBoard finds that a strike is an unfair labor strike, it requires as a remedy that the employer offerthe striking employees reinstatement upon their application and, as to employees precluded fromapplying because serving in the Armed Forces of the United States, notify them of their right toreinstatement under that statute after their release from service. 2 In these circumstances, theBoard’s determination of the employee’s right to employment, or reinstatement upon application,may be determinative of his right to reinstatement under the Military Selective Service Act of1967 after release from service.This proposed rule does not alter those requirements in any way. It is intended rather to simplifythe present practice of the Board under which the order and the notice to be posted by anemployer must, in each reinstatement situation, include an undertaking to notify the employee ifserving in the Armed Forces of his right to reinstatement under the Military Selective Service Actof 1967. If the rule is adopted as here proposed, it is intended to discontinue the practice ofincluding the applicable provision in each order and notice, since publication of the rule willserve as formal notice of the requirement. The regional offices of the Board will, of course,continue to assure this notification requirement is satisfied before the case is closed uponcompliance with the Board’s order.∗ The following statement was published by the Board at the time of publication of the notice of proposed rulemaking, 37 F.R.15710.1 65 Stat. 75, 50 U.S.C. App. Sec. 451, et seq., amending and renaming Selective Service Act of 1945, 62 Stat. 604; see also 82Stat. 790. See, e.g., Stationers Corporation, 96 NLRB 196; Aerovox Corporation, 102 NLRB 1526. Compare The Federbush Co.,Inc., 34 NLRB 539, 565.2 Gerhard Landgraf and Peter Landgraf doing business as Bay Standard Products Mfg. Co., 167 NLRB 340, 341.160