Alan D. Berkowitz
Philadelphia +1 215 994 2170
Judge Amy Berman Jackson of the United States District Court for the District of Columbia on March 2, 2012, held that the National Labor Relations Board (NLRB) validly issued a rule requiring most employers, including employers without any union employees, to post a notice of employees’ rights under the National Labor Relations Act (NLRA); Nat’l Ass’n of Manufacturers v; NLRB, Civil Action No. 11-1629 (ABJ) (U.S.D.C.-D.D.C.).
Jackson did, however, strike down portions of the board’s rule that deemed an employer’s failure to comply with the notice-posting requirement to be an unfair labor practice, and that tolled the statute of limitations for filing an unfair labor practice charge during the period when the notice was not posted.
Unless the court’s ruling is overturned or stayed in the next few weeks, the board’s rule will take effect on April 30, 2012.