On March 2, Judge Amy Berman of the US District Court for the District of Columbia ruled that the NLRB has the authority to promulgate the rule it adopted last year (previously commented on here) which will require employers to post a notice informing employees of their rights under the National Labor Relations Act. After the NLRB postponed the effective date for the posting requirement until April 30, Judge Berman ruled in consolidated cases filed against the NLRB by the National Association of Manufacturers (NAM) and the National Right to Work Legal Defense and Education Foundation that the NLRB did not exceed its statutory authority in promulgating the rule.
However, the Court also held that the NLRB exceeded its authority by promulgating the portion of the rule that automatically deems a failure to post to be an unfair labor practice and a provision that would toll the statute of limitations in unfair labor practice actions against employers who have failed to post.
The NAM is considering appealing the Court’s ruling. Unless the decision is stayed or reversed on appeal, employers should plan on complying with the posting requirement on or before April 30. Posters are available for download on the NLRB website or at no charge in hard copy from NLRB regional offices.
