Two federal Courts of Appeal recently struck down the National Labor Relations Board rule that required employers covered by the National Labor Relations Act to post a new notice of labor rights. The courts ruled that the NLRB had exceeded its legal rule-making power in promulgating the rule. In a statement released January 6, shortly after the deadline for filing a petition for certiorari with the U. S. Supreme Court, the Board announced that it “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.”
The litigation concerning the poster requirement now appears to be ended. Although employers are not required to post the notice, they may do so voluntarily. The 11 by 17 inch poster is available on the NLRB website.