The National Labor Relations Board (NLRB) announced on January 6, 2014 that it will not seek review of the Fourth Circuit and the D.C. Circuit Court of Appeals decisions that struck down the NLRB’s Notice Posting Rule. In August of 2011, the NLRB implemented a rule requiring private sector employers to post a notice informing employees of their rights under the National Labor Relations Act (NRLA), including their right to form, join or assist a labor union. Employer groups filed suit claiming the Notice Posting Rule violated the free speech rights of employers by forcing them to display the posters. The NLRB’s poster was overwhelmingly viewed by many as communicating a biased and incomplete pro-union message to employees.
In deciding not to appeal these decisions to the U.S. Supreme Court, the NLRB’s Notice Posting Rule is effectively dead. However, the NLRB pledged it will continue its national outreach program to educate employees about their rights under the National Labor Relations Act. As such, the NRLB poster will remain on the NRLB’s website for those employers that wish to voluntarily display it.
Since 2009, all contractors doing work with the federal government or its agencies have been required by an Executive Order issued by President Obama to post a similar notice regarding employee’s rights under the NLRA. A lawsuit was recently filed by the National Association of Manufactures challenging the Executive Order and the posting requirement in the U.S. District Court of the District of Columbia challenging this posting rule.
If you have any specific questions or would like to speak with one of our experienced labor attorneys, please do not hesitate to contact Nick Nykulak or Alan Ross.