Update: NLRB Abandons Notice Posting Rule

Jan 7 2014 - Posters and Notices - Gail Cecchettini Whaley

The National Labor Relations Board (NLRB) will not pursue its effort to require private sector employers to post an “Employee Rights under the National Labor Relations Act” notice.

The NLRB said in a press release yesterday that it will not seek a U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s notice posting rule, thus putting an end to the poster requirement.

The controversial poster rule required most private-sector employers to put up an NLRB-created 11” x 17” workplace poster that generally informed employees of their rights to organize a union, bargain collectively through representatives chosen by the employees, and make efforts to improve the terms and conditions of their employment.

Several business groups, including the U.S. Chamber of Commerce, challenged the notice posting rule. In May of 2013, the U.S. Court of Appeals for the D.C. Circuit struck down the rule. In a second case, another panel for the U.S. Court of Appeals for the Fourth Circuit struck down the rule in June 2013.

The NLRB had until January 2 to petition the U.S. Supreme Court for review of these appellate court decisions, but declined to do so.

Although the workplace poster is no longer required, it remains available on the NLRB website and can be voluntarily displayed at the discretion of individual employers, according to the NLRB.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

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