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.