Last Friday, the U.S. District Court for the District of Columbia ruled that the NLRB had the authority to require employers to post a notice informing employees of their rights under the National Labor Relations Act. But, the Court invalidated the provision that concluded that the failure to post would be considered an unfair labor practice and another that tolled the statute of limitations for unfair labor practices for as long as the employer failed to post the notice.
Recall, this action was brought by the National Association of Manufacturers and the National Right to Work Legal Defense and Education Fund, seeking to prevent the NLRB’s posting rule from going into effect. Overall, the challenge was successful in limiting the reach of the NLRB’s authority, but was unsuccessful in getting the entire posting requirement turned aside.
With the Court’s ruling, employers should be prepared to post the Employee Rights notice by April 30, 2012. The Employee Rights poster is available at the Department of Labor’s website and here. Several organizations have created counter posters that employers may post next to the NLRB’s poster. One such example, from Associated Builders and Contractors, can be found here.