Remember all that hubbub about the National Labor Relations Board (NLRB) requiring employers to display a poster advising employees of their right to organize? (If not, you can read about it here on page 3.) It was part of the efforts of the more active NLRB we have seen of late, a decidedly less-employer friendly NLRB that at times included members that may not have been properly appointed (check here for details). The requirement applied to nearly all private employers and caused quite a stir, prompting litigation and an attempt by Congress to pass legislation prohibiting it (HR 2833 subsequently died in committee). Indeed, the NLRB had postponed the effective date of the posting requirement several times pending various court challenges to the legality of the required poster. Well, that NLRB suffered a setback this week when D.C. Circuit Court of Appeals reversed a District of Columbia district court which had held that the poster was lawful. The Court of Appeals held that the NLRB’s posting rule violated employers’ free speech rights, which include the right to decide what to say about unions (in a noncoercive manner, of course) as well as what not to say. Score one for employers.
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