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The NLRB's Notice Posting Requirement -- Not so fast?
Tuesday, September 13, 2011

On August 25, we let you know about the National Labor Relations Board's implementation of a final rule that will require almost all employers to post a notice in the workplace by mid-November 2011 advising employees of their rights under the National Labor Relations Act (which includes, among other things, the right to form, join, or assist a union, and to engage in concerted activities for mutual aid and protection).  But a complaint filed late last week in federal court by the National Association of Manufacturers alleges that, in issuing the notice posting rule, the Board exceeded its statutory authority, including by, among other things, making the failure to post the notice a new unfair labor practice.  A copy of the complaint ishere.  Stay tuned—we are monitoring this case and will let you know if it delays the effective date of the posting requirement or otherwise affects employer obligations going forward.

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