• Court Upholds NLRA Employee Rights Poster. Strikes Down Provisions Deeming Failure to Post an Unfair Labor Practice or Tolls Statute of Limitations.
  • March 20, 2012 | Author: Richard D. Wayne
  • Law Firm: Hinckley, Allen & Snyder LLP - Boston Office
  • On March 2, 2012, United States District Court Judge Amy Jackson, in a comprehensive written opinion, held that the National Labor Relations Board ("NLRB" or "Board") lawfully promulgated a requirement that employers post a National Labor Relations Act ("NLRA") Employee Rights Poster. The rule is applicable to all private-sector employers subject to the jurisdiction of the NLRA. Presently, the NLRB requires an employer to post its Employee Rights Poster on or before April 30, 2012. A copy of that Poster can be downloaded from the NLRB homepage. See Notice at http://NLRB.gov/poster. Judge Jackson, however, further found that the Board exceeded its authority when, in the same regulation, it: (1) deemed a failure to post a per se unfair labor practice, and (2) tolled the statute of limitations in any case where the employer failed to post. As of yet, neither the plaintiff employer associations nor the NLRB has filed an appeal. The case is National Manufacturers Association ("NAM") et al. v. NLRB, --- F.Supp.2d ---, Civil Action No. 11-1629 (USDC DC, March 2, 2012).