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ARTICLE · 26 JUNE 2013

NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit

Proskauer Rose LLP
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Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize.

United StatesEmployment and HR

Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize.  The notion of posting such a notice was considered bad enough, but when the NLRB significantly expanded on the regulation to actually make failure to post an unfair labor practice but also make a violation of the rule grounds for tolling the statute of limitations on other unfair labor practices, the agency stirred up a firestorm of opposition.  The NLRB delayed implementation twice as it faced resistance.  Then, of course, it got sued.  Twice.  Once in the District of Columbia and once in South Carolina.  Now the federal appeals court in each jurisdiction has weighed in and the rule has been invalidated in each case. 

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