Labor and Employment E-lert - Circuit Court Vacates NLRB Notice Posting Requirement

On March 5, 2012 we sent an E-lert (which can be found here) that the U.S. District Court for the District of Columbia decided that the National Labor Relations Board (NLRB) rule requiring posting Notices in the work place advising employees of their rights under the National Labor Relations Act (NLRA) was within "the Board's broad rule making authority to implement the provision of the Act." (National Association of Manufacturers v. NLRB, May 7, 2013). That case was appealed to the United States Court of Appeals, District of Columbia Circuit Court, which vacated the lower court's decision. The Court stated that "the expressing of any views, argument, opinion, or dissemination thereof . . . shall not constitute or be evidence of an unfair labor practice" if "such expression contains no threat of reprisal or force or promise of benefit."

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