Court Invalidates Sections Of NLRB’s Recent Notice-Posting Rule.
Today, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia invalidated key provisions of the National Labor Relations Board’s “Notification of Employee Rights” rule, under which all covered employers would have been required after April 30th of this year to post an 11″ x 17″ poster, or else to face possible legal consequences. While she left the actual posting requirement intact, she ruled that the proposed penalties attached to the Board’s rule were unlawful under the National Labor Relations Act (NLRA).
Specifically, Judge Jackson held that:
the NLRA granted the Board broad rulemaking authority to implement the provisions of the Act, and that the Board did not exceed its statutory authority in promulgating Subpart A of the challenged rule – the notice posting provision. But [the Court] also holds that the provision of Subpart B that deems a failure to post to be an unfair labor practice, and the provision that tolls the statute of limitations in unfair labor practice actions against employers who have failed to post, do violate the NLRA and are invalid as a matter of law.
Go here to view the rest of the article by Fisher & Phillips LLP for JDSupra.