Wednesday, December 21, 2011

NLRB Posting Requirement update

Judge Amy Berman Jackson on December 19th heard oral arguments in the challenge to the NLRB "Employee Rights" Posting Rule pending in U.S. District Court - a motion filed by the National Association of Manufacturers. The Rule requires employers to post a notice in the workplace that informs employees of their right to organize, provides contact information for the NLRB, and lists a litany of unlawful employer conduct. It is impossible to predict the outcome of litigation based upon this judge’s reaction and questioning during oral argument; however, it is clear that Judge Jackson believes the case is a complicated one. She asked the Board to postpone the effective date of the Rule beyond January 31, 2012, as currently scheduled, because she needs more time to deal with the issues.

Argument in a similar action pending in the U.S. District Court in South Carolina will not take place until January 11, 2012.

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