NLRB posting rule invalidated by D.C. Circuit

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down a rule issued by the National Labor Relations Board (NLRB or “the Board”) requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). In National Association of Manufacturers v. NLRB, – F.3d –, 2013 WL 1876234 (May 7, 2013), the Court relied primarily on Section 8(c) of the NLRA, a provision protecting employer free speech, to find that each of the enforcement mechanisms set forth in the rule was invalid. Because the NLRB had stated it would not have issued a posting rule dependent solely on voluntary compliance, the Court found that the entire rule could not stand. The decision represents another obstacle to the so-called “Obama Board’s” efforts to aggressively enforce the NLRA.

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