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NLRB poster rule is upheld, but sanctions are disallowed

from NAHB

The U.S. District Court for the District of Columbia, in a case brought by the National Association of Manufacturers (NAM), has upheld the National Labor Relations Board (NLRB) collective bargaining rights poster rule, but has also held that an employer's failure to display the poster will not be considered to be an unfair labor practice, nor will it toll the statute of limitations for filing an unfair labor practice complaint. If the rule lacks these sanctions, it may be unenforceable as a practical matter. However, because there is uncertainty as to whether the NLRB or private parties may assert other enforcement options, NAM has announced its intention to appeal the portion of the court's decision that upholds the NLRB rule.

The court's opinion may be found at this link: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2011cv1629-59.

There remains pending in the U.S. District Court for the District of South Carolina a separate challenge to the NLRB collective bargaining rights poster rule brought by the U.S. Chamber of Commerce.

The NLRB poster rule is scheduled to go into effect on April 30, 2012. Posters can be ordered through this link https://www.nlrb.gov/poster.

For more information, please contact David Crump at dcrump@nahb.org, or 800-368-5242 x 8491. more


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