by Christopher Collins and Ryan Duffy
For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”). Those efforts met with stiff opposition from employers, and now appear to have come to an end.
The Board proposed its poster rule in August 2011, to become effective in April 2012, which we covered in this blog here and here. The rule would have required employers to post a Board-issued notice detailing employee rights under the NLRA, including the right to unionize. The rule would have applied to almost all private-sector employers, including employers who do not have unionized workforces.
The proposed rule quickly led to litigation, and in 2013 both the DC Circuit and the Fourth Circuit ruled that the Board had no authority to require the posting. With little hope for a successful appeal, the Board announced in January this year that it would not seek Supreme Court review of those rulings.
The announcement, at least for the time being, closes the door on the Board’s efforts to implement its poster rule, and represents a significant victory for employers. Nevertheless, the Board notes that its poster remains available on its website where it can be viewed, displayed and disseminated voluntarily.
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