ARTICLE
8 January 2014

The National Labor Relations Board Decides Not To Fight For Poster Advising Employees Of Their Rights

DP
Day Pitney LLP

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
In 2011, the National Labor Relations Board (the "Board") published a final rule mandating that all employers subject to the National Labor Relations Act ("NLRA") post a notice to employees advising them of their rights under the NLRA, including the right to unionize, and listing the Board’s contact information and enforcement procedures.
United States Employment and HR

In 2011, the National Labor Relations Board (the "Board") published a final rule mandating that all employers subject to the National Labor Relations Act ("NLRA") post a notice to employees advising them of their rights under the NLRA, including the right to unionize, and listing the Board's contact information and enforcement procedures.  The rule required the Board to find that the failure to post the notice was an unfair labor practice.

In 2013, two U.S. Courts of Appeals (the D.C. Circuit and the Fourth Circuit) invalidated this posting requirement.  The Board petitioned both Circuit Courts for en banc hearings.  The appeals courts denied these en banc petitions, leaving the Board's only option to appeal the decisions to the U.S. Supreme Court.

The Board had until January 2, 2014 to petition the U.S. Supreme Court for certiorari to seek review of the decisions.  The Board did not file a petition for certiorari.  On January 6, 2014, the Board announced that it will not seek U.S. Supreme Court review.  The decision to not pursue further is welcome news to employers as it is means the notice posting requirement will not go into effect.  

The Board announced that it will continue its outreach efforts, notwithstanding that there is no rule requiring employers to notify employees of their rights under the NLRA      

Originally published on the Employer's Law Blog

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More