NLRB Gives Up Poster Rule Fight

On January 6, 2014, the National Labor Relations Board (“NLRB”) threw in the towel on its fight to require all employers to post an official notice informing employees of their right to unionize.  The NRLB announced it would not seek a review of two appeals court decisions that struck down the “poster rule,” which was originally issued on August 26, 2011 and originally set to take effect on November 14, 2011. The rule would require employers to post an 11 x 17 inch notice  informing workers of their right to join a union, bargain collectively, discuss wages and benefits with co-workers, strike and picket, and to attempt to improve working conditions. The NLRB’s decision not to seek review from United States Supreme Court means the appellate court decisions stand and the “poster rule” will not go into effect. The successful challenges to the “poster rule” were brought by the U.S. Chamber of Commerce, National Federation of Independent Businesses, and National Association of Manufacturers. 

Although the NLRB lost this battle, it “remains committed to ensuring that workers, businesses and labor organizations are informed of their rights and obligations,” according to a statement issued by the NLRB. As such, expect the NLRB to continue its efforts to require employers to inform employees of their rights under the National Labor Relations Act.

Contact: Jon Secrest

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