Executive Summary: The National Labor Relations Board (NLRB) has announced that it will not seek Supreme Court review of the decisions of two federal appeals courts that invalidated the Board's Notice Posting Rule. The Rule would have required all private sector employers covered by the National Labor Relations Act (NLRA) to post a notice in the workplace explaining employees' rights under the NLRA. For a discussion of the decisions invalidating the Rule, please see our Legal Alerts from June 17, 2013, and May 8, 2013.
In the announcement published January 6, 2014, the Board stated that it remains committed to "ensuring that workers, businesses and labor organizations are informed of their rights and obligations under the National Labor Relations Act." The Board noted that the workplace poster is available on its web site and may be voluntarily disseminated. Additionally, the Board has created a free mobile app for iPhone and Android users to "provide the public with information about the National Labor Relations Act."
The Board's decision not to seek Supreme Court review of the lower courts' decisions provides employers with welcome certainty regarding the future of the Rule. However, it does not impact the requirement under Executive Order 13496 that non-exempt federal contractors and subcontractors post a notice informing their employees of their rights under NLRA.
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