NLRB Abandons ‘Poster Rule’

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The National Labor Relations Board (NLRB) recently announced that it will not seek U.S. Supreme Court review of the two Court of Appeals decisions invalidating the NLRB’s 2011 posting rule requiring employers to post notices of employee rights under the National Labor Relations Act (NLRA), including the right to organize. The decision is welcome news to employers because it means the notice posting requirement will not take effect.

The NLRB’s abandonment of the poster rule does not alter the obligations imposed on federal contractors by Executive Order 13496. Under this Executive Order, covered federal contractors and subcontractors are required to inform employees of their rights under the NLRA, including the right to organize, bargain collectively with their employers, and engage in other protected concerted activity. The required notice poster is available here.

Although the NLRB is not pursuing the poster rule, it remains available on the NLRB website, and employers may display and disseminate it voluntarily.