Transportation 39

As we discussed in prior entries at this site, the NLRB recently promulgated regulations requiring all employers to post workplace notices informing employees of their rights under the National Labor Relations Act.  The National Association of Manufacturers ("NAM") challenged the NLRB's ability to require the posters in court; more specifically, the lawsuit stated that (1) the NLRB did not have the power to label a failure to display the poster as an "unfair labor practice"; and (2) the NLRB did not have the right to find that the statute of limitations on an unfair labor practices action could be tolled if an employer did not display the required poster.  While the District of Columbia District Court found the NLRB could require employers to display the posters as of April 30, 2012, the court agreed with NAM that the NLRB does not possess the power to define an action as an unfair labor practice, nor to toll the statute of limitations on an unfair labor practice.