Published on April 28, 2012
April 30th Effective Date temporarily enjoined by the DC Circuit Court of Appeals
The Federal District Court in D.C. recently upheld the new National Labor Relations Board (NLRB) rule requiring that all private-sector employers covered by the National Labor Relations Act (NLRA) must post a notice to employees informing them of their rights under the Act by April 30, 2012. However, the court invalidated two enforcement components of the rule that the National Association of Manufacturers and other employer associations had contested. The first provision struck down stated that failing to post the notice was automatically an Unfair Labor Practice. The other tolled the six month statute of limitations during the period the notice was not posted at a worksite. It should be noted that failing to post the required notice could be seen by the NLRB as evidence of anti-union actions in other unfair labor practice proceedings.
For more information, contact Rick Lentini at [email protected] or (206) 654.2231.