Appeals court strikes down NLRB rule on public notifications

Friday, May 10, 2013  

The D.C. Circuit Court of Appeals on Tuesday struck down a National Labor Relations Board rule that requires employers to post public notices about union rights.

The rule requires employers to post a “Notification of Employee Rights under the National Labor Relations Act” in the workplace and on their websites. Employers that refuse to do so can be found guilty of unfair labor practices.

The DC Circuit, however, said the rule actually violates the National Labor Relations Act, which contains a section that protects the free speech rights of employers, so long as such speech is not coercive.

"This is why, for example, a company official giving a noncoercive speech to employees describing the disadvantages of unionization does not commit an unfair labor practice if, in his speech, the official neglects to mention the advantages of having a union," the decision stated.

The court's decision to invalidate the rule under Section 8(c) of the NLRA was unanimous. However, two judges said they would have gone further and concluded that the NLRB lacked authority to issue the rule in the first place.

Get the Story:
Union notice rule loses in appeals court (The Washington Post 5/10)

DC Circuit Decision:
Natl Assoc. of Manufacturers v. NLRB (May 7, 2013)