“No Mas!” NLRB Finally Surrenders In Poster Rule Debacle

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In what we hope is the beginning of a trend, the NLRB announced that it will not appeal its infamous poster case to the U.S. Supreme Court. As you may remember, the NLRB passed a rule that required covered employers to post a notice to employees advising them of their rights under the NLRA. The problem? The proposed poster provided a decidedly one-sided message to employees that favored unions and unionization. The poster rule also provided that failure to use the poster would toll the NLRA six-month statute of limitations.

Both the Chamber of Commerce and the National Association of Manufacturers challenged the poster rule and won in separate court of appeals decisions. The NLRB has now announced that it will not appeal those losses to the Supreme Court, but will, instead, make its own poster and display it prominently on the NLRB’s web site. I guess this is how the NLRB says “neener, neener, neener”, picks up its toys, and runs home. Now if the Board would only do the same thing with its other far-fetched initiatives such as the persuader rule…

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