Friday, March 9, 2012
NLRB Posting Rule Upheld, but Decision on Appeal
On March 2, a federal district court in Washington, D.C., upheld a rule requiring employers to post a notice informing employees of their rights under federal labor law. However, the court rejected the rule's enforcement scheme, under which the National Labor Relations Board would treat a failure to post the notice as an unfair labor practice and would allow extra time for filing other ULP charges against employers if they have failed to satisfy the notice requirement. Employers subject to the NLRB's jurisdiction are supposed to post the notice—“Employee Rights Under the National Labor Relations Act”—by April 30. Groups opposing the rule have already appealed the district court's decision and filed a motion that would put the rule on hold pending resolution of their appeal. Stay tuned for a last minute injunction.