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The NLRB's Poster Rule - No More


In August 2011 the NLRB adopted a rule that required most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice where other employee notices are customarily posted, including on the employer’s website.  Under the rule, an employer’s failure to do so would have been considered an unfair labor practice.

In both of the Court of Appeals' decisions, National Association of Manufacturers v. NLRB (D.C. Circuit 2013) and Chamber of Commerce v. NLRB (4th Circuit 2013), the appellate courts held that the NLRB exceeded its jurisdiction when it promulgated the posting rule and invalidated the NLRB's requirement that that the notice be posted by most private-sector employers. 

Many assumed that the NLRB would challenge these rulings, however, on January 6, 2014, the NLRB announced it would not seek to have the United States Supreme Court review the decisions.  It goes without saying that this came as welcome news for employers.  Consequently, the Circuit Courts' decisions will stand. 

The NLRB's decision to not contest the rulings can be found here:  NLRB Decision

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