By Robert Hollingsworth
Employee Rights Notice Must Be Posted By April 30, 2012
On March 2, 2012, the U.S. District Court for the District of Columbia upheld the NLRB’s right to require employers to post the NLRB’s Employee Rights Notice. This Notice informs employees in the private sector of their rights under the National Labor Relations Act to engage in “protected concerted activity.” In a 46-page opinion, the District Court rejected all of the challenges made by the National Association of Manufacturers to the NLRB’s authority to require employers to post the Notice.
This Notice must be posted by April 30, 2012. It is available in English and 26 other languages at the following webpage: www.nlrb.gov/poster.
There was some consolation for employers in the Court’s decision.
The Court struck down two of the penalties prescribed by the Board for an employer’s failure to post the Notice. The NLRB’s Final Rule on the Notice provided that the failure to post the Notice would be an independent unfair labor practice (ULP) and would suspend the six-month statute of limitations for other ULP’s (i.e., the charging party would have more than six months to file a ULP charge). The Court ruled that the NLRB lacked authority to expand the statutory list of unfair labor practices, or to change the statute of limitations. But the Court also indicated that an employer’s failure to post the Notice might be properly used by the NLRB in other ULP cases against the noncompliant employer as evidence of the employer’s unlawful motive.
National Association of Manufacturers v. NLRB, Case No. 11-1629 (D.C. March 2, 2012)