• D.C. Court of Appeals Strikes Down NLRB Notice-Posting Rule
  • May 17, 2013
  • Law Firm: Alston Bird LLP - Atlanta Office
  • On May 7, 2013, a panel of the United States Court of Appeals for the District of Columbia issued its opinion in National Association of Manufacturers v. NLRB, striking down the National Labor Relations Board’s (NLRB or the “Board”) 2011 rule requiring employers to post notices explaining employees’ rights under the National Labor Relations Act (NLRA). The rule would have required all employers subject to the NLRA to post a notice informing employees of their rights to unionize and go on strike, among other things. The rule contains three enforcement mechanisms: (1) it would make an employer’s failure to post the notice an unfair labor practice; (2) it would allow the Board to consider a knowing and willful failure to post the notice as evidence of unlawful motive in unfair labor practice cases where motive is an issue; and (3) it would permit the statute of limitations for unfair labor practice charges to be equitably tolled for the period during which the required notice was not posted. The court’s main opinion found all three of these enforcement methods to be invalid and accordingly held that the rule could not be enforced. Further, in a concurring opinion, a majority of the panel also found that the posting requirement exceeded the NLRB’s rulemaking authority.