NLRB Abandons the Notice Posting Rule

By    January 10, 2014

The National Labor Relations Board (NLRB) took the surprising step of dropping its efforts to defend its recent “Poster Rule” in court.

In our last post about the NLRB notice posting rule – or “Poster Rule,” which required most employers to post an 11” x 17” notice informing employees of their right under the National Labor Relations Act (NLRA) to organize – we explained that the state of the rule was in flux due to a number of pending appeals.

This week, the NLRB took the surprising step of dropping its efforts to defend the rule in court.  The Board declined to appeal two decisions by the federal courts of appeal which had struck down the rule: the first, in May 2013, holding that the rule violated the First Amendment, and the second, in June 2013, holding that the Board had no authority to make the rule in the first place.

In light of this development, employers are free to remove the poster, if they wish, as the Board has declared that the poster is voluntary.  Stay tuned, however: there is little doubt the Board still wants all workers to be informed about their right to organize, and may seek to promulgate a modified version of the Poster Rule in the coming months or years.

Photo Credit: http://3.bp.blogspot.com/-nSwQwhvYQG0/Tc2Ddp3Dp_I/AAAAAAAAAI8/0xkcI-pzMEo/s1600/DSC_0030.JPG

Thank you for reaching out to contact Hirsch Roberts Weinstein LLP (“the Firm”). Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to the Firm or any of its attorneys does not give rise to an attorney-client relationship, and will not be deemed to disqualify the Firm from undertaking any engagement for a current or future client. Before any attorney-client engagement may be formed, the Firm will need to check for possible conflicts of interest, you will need to consider whether you wish to retain the Firm as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, the Firm reserves the right to represent parties with interests adverse to you.

Accept Decline