Barton Blogs

District Court of Columbia Issues Final Order in National Association of Manufacturers v. National Labor Relations Board

As we discussed in our previous blog employers still face an April 30, 2012 notice-posting deadline informing employees of their rights to unionize. Last week, the District Court of Columbia issued its final order in the National Association of Manufactures v. National Labor Relations Board upholding the legality of the notice posting rule itself. The court also declined to block the enforcement of the rule while the National Association of Manufacturers (NAM) and National Federation of Independent Business (NFIB) repeal the decision. The court denied this injunction on March 7th, stating that the board had already delayed implementation of the rule twice and the plaintiffs’ weakest argument was that the notice posting rule would require employers to surrender their First Amendment rights. D.C. District Court Judge Amy Berman Jackson stated that if the Court of Appeals ultimately rules in the plaintiffs’ favor, employers can take the notice down.

The decision by the District Court also struck down two parts of the rule that would have created a new unfair labor practice for failure to post and would have allowed the Board to toll the statue of limitations for any unfair labor practice charge against an employer who was not in compliance with the new notice-posting requirement. For more information on the required posting notice, see our previous blog on the matter or contact Phil Mortensen at pmortensen@bartonesq.com.