May 9, 2013 Appeals Court Strikes Down NLRB Union Poster Rule

Earlier this week, the United States Court of Appeals for the District of Columbia struck down the National Labor Relations Board ("NLRB") rule that would have required nearly six million employers to post a notice informing employees of their rights to unionize and bargain collectively or face unfair labor practice charges, finding that the rule violated employers' free speech rights.  To read the decision, click here.

As detailed in our September 22, 2011, December 29, 2011 and April 18, 2012 E-Updates, the posting requirement was initially scheduled to take effect in November 2011, but the NLRB delayed implementation, first through April 30, 2012 and then indefinitely, pending numerous legal challenges.  Similar litigation is currently pending in the U.S. Court of Appeals for the Fourth Circuit.  Although the NLRB will likely continue to fight for its controversial union poster, for the time being at least, it appears to be losing the battle.

A similar posting requirement for federal contractors that took effect in June 2010 is not affected by the Court’s decision. 

This E-Update was authored by Lisa FrankFor more information, please contact Ms. Frank or any other Paul, Plevin attorney by calling (619) 237-5200.