A federal trial court in the District of Columbia has upheld the notice posting requirement in the National Labor Relations Board's recently issued Final Rule requiring employers to post a "Notification of Employee Rights under the National Labor Relations Act." The court also held, however, that the enforcement provisions of the Rule are invalid because the Board exceeded its authority under the National Labor Relations Act (NLRA) in promulgating these provisions. See National Association of Manufacturers v. National Labor Relations Board (D.D.C. March 2, 2012).
As discussed in our August 30, 2011 Legal Alert, NLRB to Require Posting of Notice of Employee Rights, the Rule requires employers covered by the NLRA to post a Notice of Employee Rights Under the National Labor Relations Act "in conspicuous places where [it] is readily seen by employees, including all places where notices to employees concerning personnel rules or policies are customarily posted." The notice requirement does not apply to employers who are not covered by the NLRA, including, among others, any person subject to the Railway Labor Act, as well as entities over whom the Board has been found not to have jurisdiction or over which the Board has chosen not to assert jurisdiction.
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