54032 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations employee rights as well as a remedial surveillance of employees’ union Communications Workers v. Beck, notice.14° 75 FR 80414. activities, threatening employees with above, violates Section 8(b)(1)(A) of the The comments opposing this proposal retaliation for engaging in protected NLRA. California Saw & Knife Works, make three principal arguments. First, activities—to violate Section 8(a)(1) by above, 320 NLRB at 233, 259, 261. An only Congress, not the Board, has the “‘interfer[ing] with, restrain[ing], or employer that fails or refuses to execute authority to “‘create a new unfair labor coerc[ing] employees in the exercise of | an agreed-to collective-bargaining practice.” 141 Second, even ifthe Board __ the rights guaranteed in section 7” of agreement on request of the union possesses such authority, it has not the NLRA. Section 8 is equally silent violates Section 8(d), 8(a)(5) and, identified the Section 7 rights that concerning unions’ duty to inform derivatively, Section 8(a)(1). An would be interfered with by an employees of their rights under NLRB v. employer that fails to provide relevant employer’s failure to post the notice.142_ General Motors, above, and information requested by the union that Third, “interfer[ing] with, restrainling], | Communications Workers v. Beck, represents the employer’s employees or coercling]’’ employees within the above, before attempting to obligate violates Section 8(a)(5) and (1). See, e.g., meaning of NLRA Section 8(a)(1) them pursuant to a union-security NLRB v. Truitt Mfg. Co., 351 U.S. 149 necessarily involves action, not failure clause, yet the Board finds that a (1956). to act; therefore, failure to post the union’s failure to provide that notice The NLRA’s recognition that a failure notice cannot violate Section 8(a)(1).74° _ restrains and coerces employees in to perform a legal duty may constitute The Board finds no merit in any o