CHA News Article

Court Strikes Down NLRB’s Poster Rule
Employers not required to post notices of employees’ rights

Earlier this week the U.S. Court of Appeals for the District of Columbia Circuit ruled that the National Labor Relations Board’s (NLRB) requirement that employers post a notice of workers’ rights is a violation of employer free speech rights. In the case of National Association of Manufacturers v. NLRB, the court ruled that the NLRB had “no authority to make a blanket advance determination that a failure to post will always constitute an unfair labor practice,” finding that the First Amendment essentially protects the right of employers not to speak. While the ruling is seen as a victory for employers, the NLRB has the option to appeal the case to be reheard by the full District of Columbia Circuit or to petition the U.S. Supreme Court for consideration.