Courts Continue to Reject the NLRB's Notice Posting Rule

August 2013

By: Kimberly Klein and Shari A. Alexander

Moses & Singer Client Alert

Courts continue to reject the National Labor Relations Board’s (“NLRB” or the “Board”) rule requiring private employers to post information about employees’ rights to unionize in the workplace. The latest rebuff came on August 12, 2013, when the United States Court of Appeals for the Fourth Circuit denied the Board’s request for reconsideration.

Both the Fourth Circuit and United States Court of Appeals for the District of Columbia have recently held that the NLRB did not have the authority to require employers to post such notice, albeit for different reasons. As the issue plays out in the courts, employers continue to have a reprieve from complying with the notice-posting requirement.

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