NLRB Throws In The Towel On Pro-Union Notice Posting Rule


by Aaron Clark

Clark, Aaron
aclark@mcgrathnorth.com
(402) 341-3070

It appears that the National Labor Relations Board (NLRB) has finally thrown in the towel in its battle over a proposed union friendly notice posting rule. The NLRB’s notice posting rule required businesses to post notifications reminding workers about their rights to unionize in the workplace.

Last year, two federal appellate courts concluded that the NLRB rule could not be enforced. The D.C. Circuit found that the rule violated an employer’s freedom of speech, which the National Labor Relations Act (NLRA) guarantees. The Fourth Circuit held that the NLRB did not have the statutory authority under the NLRA to issue such a rule. Following these decisions, employers were waiting to see whether the NLRB would appeal to the U.S. Supreme Court.

In a surprising turn of events, the NLRB recently announced that it will not seek Supreme Court review of these decisions. Furthermore, there is no suggestion that the NLRB will attempt another rule-making effort in this area. Instead, the NLRB has stated that it will continue to focus its efforts on notifying employees about their NLRA rights through the agency’s website and mobile apps. Employers appear to have won the battle in the workplace and will not be required to advise employees of their rights to unionize by hanging posters on bulletin boards, near the time clock or by the water cooler.

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