• Judicial Review & Remedies

    NLRB Posting Rule Enforcement Provisions Struck Down

    The U.S. District Court in D.C. (Judge Jackson) invalidated provisions of the NLRB’s “posting rule” that (1) made an employer’s failure to display NLRB-provided posters to be an unfair labor practice, and (2) would toll the statute of limitations in unfair labor practice actions against employers who have failed to display the posters.  These provisions violated the National Labor Relations Act (NLRA), and, therefore, the Administrative Procedure Act (APA).  The NLRB simply overstepped the bounds of its authorizing statute. The Case.  The National Association of Manufacturers (NAM), the National Right to Work Legal Defense and Education Foundation (NRTW), and others sued to enjoin implementation of the NRLB’s 2011 rule that would require employers to…