NLRB Notice Posting Rule Upheld


The first decision in the lawsuit filed by the National Association of Manufacturers (NAM) and other employer associations contesting the new Rule promulgated by the National Labor Relations Board (NLRB) to require all private sector employers covered by the National Labor Relations Act (NLRA) to post Notices informing employees of their rights to unionize was issued earlier this month.

In a 46 page opinion, Washington, DC District Court Judge Amy Berman Jackson, an appointee of President Obama, decided that the NLRB had the authority to require employers to post Notices informing employees of their rights under the NLRA. However, Judge Jackson also ruled that the provision of the NLRB’s Rule that made a failure to post the Notice a separate Unfair Labor Practice was invalid. Judge Jackson also struck down the provisions of the NLRB’s Rule that tolled the NLRA’s six month statute of limitations during the period the Notice was not posted at a worksite. Finally, Judge Jackson refused to rule that President Obama’s recent recess appointments were invalid, in denying a separate motion by the NAM and the employer associations.

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