Earlier this week, the National Labor Relations Board (“NLRB”) announced that it is not going to petition the U.S. Supreme Court to review two court decisions that struck down its controversial “Poster Rule.” The move is seen as a victory for employers, and marks the end of a 3-year battle over whether the NLRB was overstepping its authority.
As we previously reported, the Poster Rule was originally proposed by the NLRB in 2011, and would have required most private sector employers to conspicuously post an 11″ x 17″ poster, entitled “Employee Rights Under the National Labor Relations Act.” The poster contained, among other things, an explanation of the rights of workers to join a union and bargain collectively regarding wages and working conditions, as well as engage in concerted activity for mutual aid or protection.
The Poster Rule was originally scheduled to take effect in 2011, but was first delayed to January 2012 and then delayed again until April 2012. It was then delayed a third time pending the resolution of several legal challenges. Last year, those legal challenges resulted in both the D.C. Circuit and the Fourth Circuit Court of Appeals striking down the Poster Rule.
Following these rulings, the NLRB had the option to ask the U.S. Supreme court to review and decide the issue. Instead of making this request, the Board announced on January 6 that it was not seeking further review of the courts’ decisions, and it would instead continue its “national outreach program to educate the American public.” In particular, the NLRB touted its mobile app for iPhone and Android users, which provides information about the National Labor Relations Act. The NLRB also stated that the poster would remain on its website, and that it may be displayed and disseminated voluntarily.
Bottom Line
The NLRB has abandoned its efforts to require most private employers to display a poster containing union rights. As a result, employers will not be forced to display these particular NLRB posters at this time.
It should be noted, however, that the NLRB’s decision does not affect the posting obligations of federal contractors. In particular, certain federal contractors are still subject to Executive Order 13496, which requires posting a similar notice pursuant to rules from the Department of Labor, so non-exempt federal contractors should consult with counsel regarding their posting obligations.