NLRB Poster Rule Upheld

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As previously reported, on August 25, 2011 theNational Labor Relations Board (NLRB) issued a final rule called “Notificationof Employee Rights under the National Labor Relations Act”. The rule was to beeffective 75 days from publication, putting the effective date as either November9, 2011 or November 14, 2011 (the NLRB put out a press release creating someconfusion on the effective date). The NLRB then postponed the implementationdate with a new effective date of January 31, 2012.
The effective date got postponed again when the NationalAssociation of Manufacturers brought a challenge to the rule in a U.S. DistrictCourt in Washington, DC. On March 2, 2012, U.S. District Court Judge Amy BermanJackson ruled that the NLRB has the authority to implement the rule, although thecourt struck down the provision that would have made noncompliant employersguilty of an automatic unfair labor practice charge.
A copy of the court ruling can be found here.