NLRB Throws in the Towel on Poster Rule

Employment Law

Facing long odds before the Supreme Court, the National Labor Relations Board decided not to seek review of two appellate court decisions striking down a 2011 rule requiring most private sector employers to post notices advising employees of their rights under the National Labor Relations Act.  The fundamental flaw in the rule was that, unlike other statutory posting requirements, the requirement was not authorized by the underlying statute.  (Note that the requirement under Executive Order 13496 that federal contractors post a similar notice in workplaces performing work on federal contractors remains in place.)  Despite this setback, it is clear that the Board is holding its fire for much more troublesome actions, most notably a revival of the expedited election rules that were put on hold throughout the controversial tenure of the "recess" appointments.