The National Labor Relations Board (NLRB or the Board) has worked for years to enforce a rule requiring employers to post a notice informing employees of their right to join a labor union. The Board first issued its poster requirement in 2011, and several organizations, including the United States Chamber of Commerce, National Association of Manufacturers, and Associated Builders and Contractors, filed lawsuits seeking to prevent the NLRB from enforcing its new rule. Over the past few years, the Fourth Circuit Court of Appeals and the Court of Appeals for the District of Columbia both ruled that the NLRB's posting requirement was unlawful.
As a result of these legal decisions, the NLRB's next step was to appeal the circuit courts' decisions to the United States Supreme Court. The deadline for the Board to file its appeal expired last week, and the NLRB issued a statement on Monday stating its intention to abandon pursuit of overturning the opinions. As things currently stand, the notice posting requirement remains voluntary, and the Board has kept the poster available on its website. While this is certainly welcome news for business groups, the NLRB has also stated that it plans to continue efforts to communicate with employees in non-unionized workplaces through online mediums and social media such as the free NLRB app recently released for smartphones. If you have any questions regarding recent NLRB decisions and activities, contact an Attorney with our Firm.