NLRB Notice Posting Rule Is Finally Put to Rest for Most Employers

On Monday, January 6, 2014, the NLRB announced that it had decided not to appeal to the Supreme Court the decisions of the D.C. and Fourth Circuit Courts of Appeal invalidating its controversial proposed rule from August 2011 to require most private sector employers to post notices informing employees of their rights under the NLRA.  The Board’s deadline to appeal the court decisions had been January 2, so the announcement was not a complete surprise.  Notwithstanding this development, the Board continues to legally post the notice on its website for employees to view and has also created a free mobile app (for iphone and Android users).  Moreover, these court decisions (finding that the proposed rule violated employers’ free speech rights under the NLRA) do not affect the obligation of government contractors to post the same notice under Executive Order 13496 because that Order was not promulgated under the authority of the NLRA.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.