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NLRB POSTING RULE UPHELD, BUT PENALTY NOT


Posted by Bray, Kathleen at Sunday, 04/08/2012 10:53 pm
 
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2.9 from 39 votes
 
 
In one of at least two lawsuits involving whether or not posting of the NLRB poster was within the power of the NLRB, a District Court in Washington, D.C. ruled it was, but stated that the penalties for non-posting were invalid. Even though the penalty provisions were determined in one District Court to be invalid, the prudent practice is to post the poster as of the April 30 date unless extended. Moreover, the NLRB could use the non-posting as evidence of anti-union animus, which is another reason to post. Obviously, more on this may be heard before April 30, as the ruling is under appeal. Interestingly enough, the lower court would not enjoin the posting, as it determined that its decision on the penalties showed that there could be no irreparable harm.




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