Premium Joomla Template by HostMonster Reviews

Courts Invalidate NLRB Notice Post Rule

On Friday June 14, 2013 another court weighed in and for a second time concluded that the National Labor Relations Board ("NLRB" or "Board") posting rule is unenforceable. In Chamber of Commerce v. NLRB, the Fourth Circuit Court of Appeals held that the NLRB exceeded its authority in adopting the posting rule. The court reasoned that the NLRB’s role is a reactive one, intended to address unfair labor practice charges, and that the NLRB exceeded this role when it acted in a proactive manner adopting a workplace posting rule. The most recent Fourth Circuit decision is here.

Previously on May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit issued a decision that invalidated a rule by the National Labor Relations Board ("NLRB" or "Board") that required all private employers, including those without unionized workforces, to post notices titled "Notification of Employee Rights" in the workplace. The court's decision was set forth in National Association of Manufacturers v. NLRB, 2013 WL 1876234 (May 7, 2013). For the D.C Circuit Court, this is the second decision this year that has restricted the NLRB's authority.

For questions contact the agency at This email address is being protected from spambots. You need JavaScript enabled to view it. or 866-667-NLRB.

(Source: Gonzalez Saggio & Harlan LLP. All rights reserved.)