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In a March 2 ruling, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia partially overturned a National Labor Relations Board (NLRB) regulation requiring employers to post notices of employee rights under the National Labor Relations Act (NLRA). The decision upholds the right of the NLRB to promulgate a rule requiring such posting by employers. With respect to enforcement, however, the court invalidated two provisions of the rule, which:

  1. Deem a failure to post to be an unfair labor practice
  2. Toll the statute of limitations in unfair labor practice actions against employers who have failed to post

The NLRB rule, “Notification of Employee Rights under the National Labor Relations Act,” contains three Subparts:

  1. Subpart A contains definitions and notice posting provisions
  2. Subpart B contains enforcement provisions
  3. Subpart C contains ancillary provisions

While upholding the notice posting provisions, the court determined that the NLRB exceeded its authority with respect to two provisions in Subpart B.

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