Federal Court Strikes Down NLRB Posting Requirement But U.S. Supreme Court Likely To Have The Last Word

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In National Association of Manufacturers v. NLRB, Case No. 12-5068 (D.C. Cir. May 7, 2013), the U.S. Court of Appeals for the District of Columbia decided that the National Labor Relations Board (NLRB) rule requiring union and non-union employers to post notices advising employees of their right to unionize was unconstitutional and violated the National Labor Relations Act (NLRA).  The Court found that the notice violated employers' right of free speech because it only informed employees of their rights to unionize, but did not inform employees of their rights not to unionize or to decertify a union.  The court also struck down the component of the rule that would have tolled the statute of limitations on any unfair labor charge against an employer who was not in compliance with the posting requirement.  The NLRB had already stayed enforcement of the posting requirement pending resolution of legal challenges and, while this issue may ultimately be decided by the U.S. Supreme Court, employers do not have to comply with this posting requirement for the time being.

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