Controversial “Employee Rights” Poster Rule Abandoned by NLRB

Controversial “Employee Rights” Poster Rule Abandoned by NLRB

A rule that would have required employers to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act has been abandoned. The National Labor Relations Board (NLRB) abandoned its poster rule when they decided not to file petition to the U.S. Supreme Court to review two U.S. Court of Appeals decisions that invalidated the rule. The decision to not file was made by allowing the deadline to file the appeal to pass.

The poster rule had been under an injunction in response to a request by a few organizations, including National Association of Manufacturers, the ABC led Coalition for a Democratic Workplace and National Right to Work Legal Defense and Education Fund since April of 2012. The U.S. Court of Appeals for the D.C. Circuit invalidated the notice posting rule on the grounds that it violated free speech rights afforded to employers under the NLRA. The Fourth Circuit Court also ruled that the NLRB exceeded its authority with the posting rule.

Maurice Baskin, ABC General Council and a shareholder with Littler, argued to the D.C. Circuit in 2012 that the posting rule would force over 6 million employers all over the county to communicate a pro union message to their employees. He also pointed out that it violated many provisions of the NLRA, especially the one that states “expressing of any views shall not constitute or be evidence of an unfair labor practice.”

The NLRB requested a hearing twice and was denied twice. They had a last chance to make an appeal to the U.S. Supreme Court to overturn the ruling but allowed the January 2 filing deadline to do so to pass.

This ruling in no way changes the compliance requirements for federal contractors under Executive Order 13496(or its subsequent 2010 implementing regulations) to post a similar notice from the DOL, however this rule is currently facing its own legal challenge.

For more information for employers and contractors, contact Davis Bacon.org.