54036 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee refusal to recognize and bargain with concerned with fairness to the to post the notice is intentional and union, evidence of unlawfully employee, and these fairness concerns meant to prevent employees of learning motivated failure to hire). Thus, it is are unaffected by the employer’s good or _ their rights. proper for the Board to consider a bad faith; as previously noted, notice D. Oth . . F : . " . Tr mMmmMen knowing and willful failure to postthe —_ posting tolling is fundamentally Other Comme ils notice as evidence of unlawful motive. different from tolling based upon The Board received many comments However, the Board has noticed that = employer misconduct. However, an asserting that if the proposed it employed somewhat inconsistent employer that fails to post the notice enforcement scheme for failure to post language in the NPRM regarding the only because it honestly but erroneously _ the required notice is adopted, union consideration of failure to post the believes that it is not subject to the adherents will tear down the notices in notice as evidence of antiunion animus. NLRB’s jurisdiction does not thereby order to harass employers and, Thus, the caption of paragraph indicate that it is hostile to employees’ _—_ particularly, to vitiate 10(b).1°” These 104.214(b) reads: “Knowing NLRA rights, but only that it believes comments express the concern that noncompliance as evidence of unlawful _ that those rights do not apply in the tolling the 10(b) period will lead to a motive.’ However, the paragraph itself | employer’s workplace. In such a case, flood of unfair labor practice charges, states that “If an employer has actual or _ the employer’s good faith normally and that, to avoid that eventuality, constructive knowledge of the should preclude finding the failure to employers will have to incur significant requirement to post t