Appeals Court Holds Board's Notice Rule Inconsistent With Employer Free Speech

The saga of the National Labor Relations Board’s (“Board”) Notice posting rule

continues. If you recall from our prior Alerts, in 2011 the Board issued a Rule mandating the posting of an 11” x 17” Notice in virtually every private sector workplace in the country - union or not - informing employees of their rights under the National Labor Relations Act (“Act”). Employers also were required to post the notice on an intranet or an internet site if personnel rules and policies are customarily posted there, or provide a link to the Notice on the Board website, www.nlrb.gov.

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