Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations 54035 prosecution of known claims,” not employee had actual or constructive also suggest that some employees, claims that are unknown to the injured knowledge of the conduct alleged tobe —_ though represented, may have little party. As to concerns that the statute of | unlawful, as well as actual or contact with their unions and rely on limitations could be tolled for years, constructive knowledge that the workplace notices instead of unions for “perhaps indefinitely,’ 155 the Board conduct violated the NLRA, and yet relevant information. responds that such a potential also failed to timely file an unfair labor The Board finds some merit in both exists under other statutes, as well as practice charge, the Board will not toll sets of contentions. On the one hand, it under the NLRA when a charging party _ the 10(b) period merely because of the is reasonable to assume that employees is unaware of the facts giving rise to an = employer’s failure to post the notice. Cf. who are represented by unions are more alleged unfair labor practice. However, John Morrell & Co., above, 304 NLRB at __ likely to be aware of their NLRA rights at this point, concerns about the 899. than unrepresented employees. And, unfairness of lengthy tolling periods are The Board asked for comments although being represented by a union entirely speculative. Tolling is an concerning whether unions filing unfair is not the same as being represented by equitable matter, and one factor to be labor practice charges should be deemed legal counsel, it is reasonable to assume considered in deciding whether to have constructive knowledge of the that union officials are sufficiently equitable tolling is appropriate is unlawful character of the conduct at conversant with the NLRA to be able to whether it would prejudice the issue. All of the comments that give employees effective advice as to respondent. Mercado, above, 410 F.3d a