03/09/2012

Court Upholds NLRB Notice Posting Requirement But Invalidates Certain Enforcement Sanctions

Update from NAW

Updated March 2012 by the National Association of Wholesaler-Distributors (NAW)

On March 3, 2012, the federal district court in the District of Columbia ruled that the National Labor Relations Board (NLRB) has sufficient rulemaking authority under the National Labor Relations Act (NLRA) to require most private sector employers (whether or not they have union workers) to post workplace notices that inform employees of their rights under the NLRA. (Docket No. 11-1629). The effective date for compliance with the NLRB rule, originally November 14, 2011, had been postponed to April 30, 2012 pending court review. Several business organizations, including the Coalition for a Democratic Workplace (CDW—which NAW helps manage), challenged the rule and its enforcement provisions in court on various grounds.

For additional information on the NLRB’s notice posting requirement, see NAW’s Legal Advisory at www.naw.org/govrelations/advisory.php?articleid=643

To view a copy of the employee notice, go to www.nlrb.gov/poster