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NLRB Notice Poster: Appeals Court Strikes Down NLRB Notice Posting Rule

by Published On: May 23, 2013

The United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board's (NLRB) notice of employee rights posting requirement in a May 7, 2013 unanimous decision.  

The court ruled that the notice posting requirement violated section 8(c) of the National Labor Relations Act (NLRA), which protects employers' "free speech" rights. 

The notice poster and rule was originally proposed in 2011, and was to state that employees have the right to: 

  • Act together to improve wages and working conditions.
  • Form, join and assist a union.
  • Bargain collectively with their employer; and to refrain from any of these activities.  

The proposed notice also required listed examples of unlawful employer and union conduct and instructed employees how to contact the NLRB with questions or complaints.

Although there is no notice posting requirement now, the NLRB could appeal the decision to the United States Supreme Court. 

 



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