U.S. District Court Judge Amy Berman Jackson recently upheld the National Labor Relations Board (“NLRB”) employee rights notice posting requirement. Accordingly, most private sector employers will be required to display this poster no later than April 30, 2012.
In her decision, the court ruled that the NLRB did not exceed its statutory authority under the National Labor Relations Act (“NLRA”) when it adopted the notice-posting rule. However, she determined that two provisions were invalid as a matter of law. First, the court found that the rule’s provision defining any failure to post as an unfair labor practice (“ULP”) violated the NLRA. While the NLRB may find, based on specific circumstances in any particular case, that an employer’s failure to comply with the posting requirement is a ULP, the court ruled that an employer’s failure to post was not a per se ULP. Second, the court invalidated the rule’s provision that tolled the statute of limitations in ULP actions involving job sites where the employer failed to post. According to the court’s decision, the NLRA does not “prohibit a mere failure to facilitate the exercise of those rights.”
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