NLRB Throws in the Towel
Yesterday, the NLRB announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace. We have written about the ups and downs of this rule since its first passage in 2011, which you can read here. This means that private employers that are not federal contractors need not worry about posting the NLRB’s Employee Rights poster.
NLRB Public Outreach to Continue
However, the NLRB emphasizes that it will continue its national outreach program to educate the public about the statute. The workplace poster remains available on the NLRB website. The NLRB stated that the poster still may be viewed, displayed and disseminated voluntarily by employers.
This chapter of the legal struggle over the NLRB’s challenged power to act without any clear statutory authority to support its action has come to an end, and a good lesson was learned.
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