NLRB Backs Off on Posting Requirement

January 8, 2014

In a public communication, the NLRB announced on Monday, January 6 that it has decided not to seek Supreme Court review of the two U.S. Court of Appeals decisions which had invalidated the NLRB’s notice posting rule.  As you will recall, that rule would have required most private sector employers to post a notice of employee rights in the workplace. Both the D.C. Circuit Court of Appeals and the 4th Circuit Court of Appeals previously rejected the NLRB’s position that it has the authority to require such a posting.

This decision by the NLRB is good news for non-unionized employers in the private sector.  It is one strike against the NLRB’s efforts to exert more and more control over worksites where the employees have not sought representation by a labor organization.

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