Thursday, May 16, 2013

Court Strikes Down NLRB Union Posting Requirement

The United States Court of Appeals for the D.C. Circuit has issued a ruling striking down the National Labor Relations Board’s (NLRB) notice of employee rights posting requirement. The federal rule would have required businesses to put up posters informing workers of their right to form a union. The ruling found that the NLRB violated employers' free speech rights in trying to force them to display the posters or face charges of committing an unfair labor practice. In addition, two judges of the three judge panel believed the rule, requiring the Notice posting, exceeded the NLRB’s rule making authority under the National Labor Relations Act (NLRA).

The court’s decision was reported by Benesch, Friedlander, Coplan and Aronoff, an OHCA Associate Member. Benesch served as lead counsel to the National Association of Manufacturers in this case. According to Benesch, it is not known if the NLRB will take the matter to the Supreme Court. For more information about the court decision, see the Forbes article.

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