Nyemaster Goode, P.C.

NLRB Posting Requirement Survives Legal Challenge

By Mary Funk

On March 2, 2012, the United States District Court for the District of Columbia entered a ruling on the controversial NLRB posting requirement. The National Association of Manufacturers and other entities filed suit against the National Labor Relations Board challenging its decision to require all employers to post a notice that informs employees of their right to organize, form, join, or assist a union; to discuss their terms and conditions of employment, or union organizing, with co-workers or union representatives; to take action with one or more co-workers to improve their working conditions by raising work-related complaints directly with their employer, a government agency, or a union; and to bargain collectively over wages, benefits, hours, and other working conditions.

The District Court decision holds that the NLRB was acting within the scope of its authority to implement the NLRA by requiring such a posting. However, the Court also held that the penalties of failing to do so were invalid. Specifically, the Court invalidated the NLRB's attempt to deem the failure to post the required notice an unfair labor practice and a provision that would have tolled the statute of limitations in unfair labor practices against employers who failed to post the notice.

Whether either party will appeal this decision remains to be seen; we will continue to monitor this case.

The current posting deadline of April 30, 2012, remains in effect. Employers can download the official Notice from the National Labor Relations Board's website, https://www.nlrb.gov/poster. For more information related to the posting requirements, see our blog dated September 14, 2011.


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