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Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations 54033 unfair labor practice charge is filed an employer promptly posts the notice, | ambiguous on the issue. Irwin v. Dep’t alleging failure to post the notice, “‘the “there will be no further administrative Veterans Affairs, 498 U.S. 89, 94-96 Regional Director will make reasonable _ proceedings, unless the Board has (1990); Zipes v. Trans World Airlines, efforts to persuade the respondent information giving the Board reason to —sInc., 455 U.S. 385, 392-98 (1982); see employer to post the * * * notice believe that the preceding failure to do Young v. United States, 535 U.S. 43, 49 expeditiously,” and that “[i]f the so was intentional.’ The Board rejects (2002) (“It is hornbook law that employer does so, the Board expects these suggestions because they would limitations periods are customarily that there will rarely be a need for create unnecessary obstacles to effective subject to equitable tolling, unless further administrative proceedings.” 75 enforcement of the notice requirement. _ tolling would be inconsistent with the FR 80419. That requirement is straightforward, and text of the relevant statute.” (quotations Numerous comments assert that compliance should be a simple matter. and citations omitted)); Hallstrom v. finding the failure to post the notice to The Board believes that the General Tillamook County, 493 U.S. 20, 27 be an unfair labor practice is too harsh Counsel should have discretion to (1989) (“The running of such statutes is a remedy, especially for small address particular cases of non- traditionally subject to equitable employers that are more likely to be compliance efficiently and tolling.’’); Honda v. Clark, 386 U.S. 484, excusably unaware of the rule.146 As appropriately, depending upon the 501 (1967); Glus v. Brooklyn E.D. just stated, in practice it should almost circumstances. Terminal, 359 U.S. 231, 232-33 (1959) never be necessary for proceedings to ’ F (

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