New NLRB Posting Requirement Upheld, Invalidated in Part

On March 2, a federal judge upheld the National Labor Relations Board’s rule requiring all employers covered by the National Labor Relations Act to “post notices to employees, in conspicuous places, informing them of their NLRA rights,” as well as contact information for the Board. National Association of Manufacturers v. NLRB (D.D.C., No. 11-cv-1629, 3/2/12). The original posting date has been pushed back repeatedly, and currently is set for April 30, 2012.  

The court did, however, invalidate two provisions of the rule, holding that the Board overstepped its authority by maintaining that a failure to post was an unfair labor practice and that the statute of limitations would be tolled for the time period that the posting requirement was not met. 

There are other cases on this same topic pending in other courts, and the parties in this decision plan to appeal. Regardless, employers should plan to comply with the posting requirement starting April 30.