Federal Court Upholds NLRB’s Employee Rights Notice Rule

As this blog previously mentioned, the NLRB adopted a new regulation requiring employers to post notices informing employees of their rights under the National Labor Relations Act, including organizing, joining, or forming a union; discussing wages, benefits and other terms of employment with co-workers; and striking or picketing the employer.  The poster also describes activities by employers and unions that are prohibited.

In our previous post, we mentioned that the NLRB had agreed to postpone the date until April 30, 2012 due to litigation.  On March 2, 2012, Judge Jackson of the U.S. District Court for the District of Columbia ruled that the NLRB is permitted to require employers to post the notice (available at: http://www.nlrb.gov/poster). Although the Judge Jackson ruled that employers will have to post the notice, Judge Jackson ruled that the NLRB does not have the authority to make the failure to post the notice an unfair labor practice.

Employers should be prepared to post the notice on April 30, 2012. While the case has been appealed, and other lawsuits have been filed in other district courts, the NLRB does not yet have plans to extend the deadline.

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