Earlier this week, the National Labor Relations Board (NLRB) announced its decision not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s August 2011 Notice Posting Rule. That new rule would have required most private sector employers to post a notice of employee rights in the workplace. Under the rule, failure to post the notice would be an unfair labor practice under Section 8(a)(1) of the NLRA, and could toll the six-month statute of limitations for unfair labor practice charges. In National Association of Manufacturers v. NLRB, No. 12-1757 (D.C. Cir., May 7, 2013) the D.C. Circuit invalidated the rule. One month later, in Chamber of Commerce et al. v. National Labor Relations Board et al., No. 12-1757 (4th Cir. June 14, 2013), the Fourth Circuit too struck it down.
In a release posted on its website Monday, the Board confirmed it would not continue the fight to enforce the new rule, but stated:
The NLRB remains committed to ensuring that workers, businesses and labor organizations are informed of their rights and obligations under the National Labor Relations Act. Therefore, the NLRB will continue its national outreach program to educate the American public about the statute.
The Board also highlighted portions of the National Association of Manufacturers decision which noted “that the Board is free to post the same message [that is on the poster at issue] on its website.” The Board then confirmed it plans to do so, and invited employers to display and disseminate the Notice voluntarily.
These developments, however, have no impact on federal government contractors, who remain required by Executive Order 13496 to post a similar notice in the workplace. (Late last year, the National Association of Manufacturers also filed suit against the Department of Labor challenging enforcement of this requirement as well, but it remains law as of this time.)