Legal Alert: Court Holds That NLRB Posting Requirement is Lawful
Court Holds That NLRB Posting Requirement is Lawful, but Remedies for Violation of Requirement are Invalid
by Joseph A. Kroeger
On March 2, 2012, the District Court for the District of Columbia issued its opinion on a closely watched lawsuit brought by the National Association of Manufacturers and other organizations against the National Labor Relations Board (NLRB). This lawsuit alleges that the NLRB’s recent promulgation of a rule requiring employers to post a “Notification of Employee Rights Under the National Labor Relations Act” (the Notice) exceeded the NLRB’s authority under the National Labor Relations Act (NLRA), in violation of the Administrative Procedure Act and violated plaintiffs’ First Amendment right to refrain from speaking.