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NLRB (National Labor Relations Board) Abandons Pursuit of Workplace Notice Posting Rule

The National Labor Relations Board’s controversial regulation requiring almost all private sector employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act should no longer keep employers awake at night.

According to an NLRB press release, the Board has decided not to seek Supreme Court review of two U.S. Courts of Appeals decisions invalidating the NLRB’s Notice Posting Rule (the June 14, 2013 Fourth Circuit decision and May 7, 2013 decision of the United States Court of Appeals for the District of Columbia Circuit (rehearing denied September 4, 2013)).

The press release notes the NLRB’s poster will continue to be available to employers that wish to post voluntarily, and the NLRB will continue “its national outreach program to educate the American public about the [National Labor Relations Act].”

The release also contains a recitation of employee rights under the NLRA, but despite the fact the poster contained a list of both employer and union unfair labor practices, the release omits any mention of employer rights that may be violated by union conduct.  Consistent with the NLRB’s recent emphasis, the list of rights contains one link – to a separate page on the NLRB’s website describing employees’ rights to engage in protected concerted activity.

Federal contractors have a separate requirement from the Department of Labor to post a similar notice, so federal contractors should check with their counsel regarding their obligations. The NLRB’s decision does not affect its position on its “quickie election” rule, which also has been invalidated by more than one federal court.  It is clear the Board intends to try to promulgate that rule again, this year.

 

Jackson Lewis P.C. © 2021National Law Review, Volume IV, Number 7
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About this Author

Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law
Principal

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification...

617-367-0025
Philip B. Rosen Jackson Lewis  Preventive Practices Lawyer & Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

212-545-4000
Roger Kaplan employee drug testing attorney, Jackson Lewis Law Firm
Principal

Roger S. Kaplan is a Principal in the Long Island, New York, office of Jackson Lewis P.C. He has worked with many employers to help assure their drug and abuse testing policies and procedures comply with the state and federal laws and to develop effective testing strategies. He has frequently addressed business and professional groups on substance abuse testing issues.

Mr. Kaplan has represented clients and appeared before executive departments and administrative agencies, such as the United States Department of Labor (...

631-247-4611
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