Many employers will remember a couple of years ago when the National Labor Relations Board (NLRB) issued a final rule that would have required all private sector employers to display in every workplace posters about workers’ right to unionize. The rule was not without controversy and several employers’ groups challenged the rule in different courts. Meanwhile the NLRB’s posting deadline was postponed.
This week a decision was announced in the lead case. The U.S. Court of Appeals for the District of Columbia struck down the NLRB rule finding the rule unenforceable under federal law. While the court didn’t decide whether the NLRB acted within its authority in making the rule, the court did find that it violated employers’ free speech rights in trying to force them to display posters with language they find objectionable or risk committing an unfair labor practice.
The poster rule would have required more than 6 million businesses to display an 11-by-17 notice in a prominent location explaining the right of workers to join a union and bargain collectively to improve wages and working conditions. The posters also made clear that workers have a right not to join a union.
This may not be the last we hear on this issue. Stay tuned.