Court Decision on NLRB Posting Not Much Of A Win For Employers

COURT DECISION ON NLRB POSTING REQUIREMENT
ISN'T MUCH OF A "WIN" FOR EMPLOYERS

Last week a federal judge ruled on the NLRB Posting Rule of the National Labor Relations Board was not a total loss for employers, but it was hardly a resounding victory.

In National Association of Manufacturers v. NLRB, Judge Amy Berman Jackson of the U.S. District Court in Washington, D.C., upheld the notice-posting requirement but found that the Board had exceeded its authority (1) by creating a new unfair labor practice based on failure to post the notice, and (2) by pre-determining by rule that a failure to post the notice would toll the six-month limitations period for filing unfair labor practice charges that is found in Section 10(b) of the NLRA. Unfortunately, these latter parts of Judge Jackson's ruling may provide little comfort to employers because, as the judge indicated in her decision, the Board may pursue these results on a case-by-case basis – just not by way of general rulemaking.  More on the Rule Here

The plaintiffs in the case, which included the National Right to Work Legal Defense and Education Foundation as well as the NAM, brought the court challenge to the Board rulemaking implemented in August 2011. They contended that the Board had no authority under the NLRA to make such a rule and that the rule interfered with employers' right to refrain from speech, thus violating the First Amendment to the U.S. Constitution. They also contended that the Board could not add a new unfair labor practice to those explicitly set forth in the NLRA and that the Board could not adopt a rule automatically imposing tolling of the Section 10(b) limitations period simply because of a failure to post the notice.

The future of the rule is still uncertain. The Right to Work organization has vowed to appeal Judge Jackson's decision. The Associated Builders and Contractors and other groups still have law suits pending against the NLRB on the rule.

To read a copy of the rule requiring the posting, please click here.

• Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf)
• Employee Rights Under the NLRA poster, 11 x 17 version (pdf)

Because the end result still unclear, NJECPAC Advises Members To NOT POST The NLRB Poster Until the Actual Date Required Which Is Currently April 30th

View Poster Here 


When and If the NLRB Poster is required to be posted, NJECPAC will provide a Supplemental Poster to be posted adjacent to the NLRB Poster. The Supplemental Poster contains additional employee rights that the NLRB intentionally omitted.

Follow NJECPAC on Twitter,  Facebook, YouTube, LinkedIn 

Explore More at NJECPAC