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Labor and Employment Law Alert

The first decision in the National Association of Manufacturers' federal lawsuit challenging the National Labor Relations Board (NLRB)'s notice-posting rule, which would require virtually all private-sector employers to post a notice informing employees of their rights to form or join a union, was issued by a Washington, D.C. federal judge last month.

The notice-posting rule as issued by the NLRB had three main components:

  1. a requirement to post a physical notice containing specific language regarding employees' rights and employers restrictions related to unionizing;
  2. a provision that creates a new unfair labor practice for any failure to post the notice;
  3. and a provision allowing the NLRB to extend the six-month statute of limitations in an unfair labor practice action if an employer failed to post the notice.

The District Court decision upheld the first component requiring employers to post the notice but struck down the second and third components, finding that those provisions were outside of the NLRB's authority, although employers who fail to post the notice may still face consequences in specific instances. This decision has been appealed to a higher court and may very well end up in the U.S. Supreme Court. While the contest continues in the courts, unless the NLRB postpones the effective date, all employers must post the NLRB notice by April 30, 2012.

All versions of the notice can be downloaded from the NLRB's website at http://www.nlrb.gov and are also linked to this FASCO Alert. Any employer wishing to communicate its position regarding unionization should contact a labor and employment lawyer to ensure that any communications are lawful under the National Labor Relations Act.

employeerightsposter_E-11x17.pdf   employeerightsposter-E-8-5x11.pdf  
employeerightsposter-S-8-5x11.pdf   employeerightsposter-S-11x17.pdf

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