Ding Dong the NLRB Poster Requirement is Dead


For several months now we have been watching the National Labor Relations Board's (NLRB) poster requirement suffer defeat after defeat in federal courts throughout the country. January 2 was the deadline for the Board to file a petition for the U.S. Supreme Court to consider its defeats in the Fourth and D.C. Circuit Courts of Appeals. Yesterday, the Board announced that it had decided not to appeal these decisions striking down its authority to require all employers over which it has jurisdiction to post a notice of employee collective bargaining, union organization and unfair labor practice charge rights under the National Labor Relations Act (NLRA).

So, along with all the used gift wrapping paper and New Years' party hats, you can also put the NLRB poster in the garbage can this week.

A good way to start the year -- score 1 for the good guys in 2014!

Do not be lulled into a false sense of security regarding the Board's continued aggressiveness in other areas, however. Policing your social media, at-will employment, and confidential information policies and continuing to identify strategic targets for unionization will remain atop the Board's list of priorities for this year. Note also that federal contractors and subcontractors still have their own NLRA posting requirement under Executive Order 13496.


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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