29 CFR 104.214 : Labor (Section 0.735-1 To Parts 4908-4999) — Regulations Relating To Labor (Continued) (Parts 100 - 4999) (Section 100.101 To Parts 4908-4999) — National Labor Relations Board (Parts 100 - 199) (Section 100.101 To Parts 105-199) — Notification Of Employee Rights; Obligations Of Employers (Effective Date Delayed Indefinitely) (Appendix To Subpart A To Section 104.220) — General Enforcement And Complaint Procedures (Section 104.210 To Section 104.214) — How might other Board proceedings be affected by failure to post the employee notice?

(a) Tolling of statute of limitations. When an employee files an unfair labor practice charge, the Board may find it appropriate to excuse the employee from the requirement that charges be filed within six months after the occurrence of the allegedly unlawful conduct if the employer has failed to post the required employee notice unless the employee has received actual or constructive notice that the conduct complained of is unlawful. See NLRA Section 10(b), 29 U.S.C. 160(b).

(b) Noncompliance as evidence of unlawful motive. The Board may consider a knowing and willful refusal to comply with the requirement to post the employee notice as evidence of unlawful motive in a case in which motive is an issue.