Back in August 2011, the NLRB issued a rule that required all private employers to post a notice informing employees of their rights under the National Labor Relations Act, and declared that a failure to post was an unfair labor practice. Since then, the rule has been challenged in federal courts in South Carolina and the District of Columbia. On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled that the NLRB’s means for enforcing the posting requirement were invalid and vacated the posting rule. Among the arguments addressed was whether the NLRB’s requirement that employers disseminate the NLRB’s message by posting a notice, or else face the penalty of committing an unfair labor practice, violated employers’ First Amendment right against compelled speech. The result of this ruling is that, for now, employers need not post the NLRB notice.
We will continue to monitor this issue as it is addressed by other courts around the Country.