WASHINGTON, D.C. - Employers have a right to remain silent and, as a result, the National Labor Relations Board rule requiring employers to post a "Notification of Employees Rights Under the National Labor Relations Act $(NLRA$)" violates Section 8(c) of the NLRA "because it makes an employer's failure to post the Board's notice an unfair labor practice, and because it treats such a failure as evidence of anti-union animus in cases involving, for example, unlawfully motivated firings or refusals to hire-in other words, because it treats such a failure as evidence of an unfair labor practice," the District of Columbia Circuit U.S. Court of Appeals ruled May 7 (National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, D.C. Cir.; 2013 U.S. App. LEXIS 9231).