NLRB Posting – Dead For Now

The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations Act, such as the right to organize, join or assist a union, bargain collectively, discuss wages, benefits and other terms and conditions of employment, raise complaints, and strike or picket. Before the posting rule ever went into effect, two federal appellate courts said the posting rule was invalid. (See our post from May 10, 2013.) The NLRB has decided not to seek review of those court decisions, meaning that the Posting Rule is dead and no notice need be posted.

According to a statement on its website, “The NLRB remains committed to ensuring that workers, businesses and labor organizations are informed of their rights and obligations under the National Labor Relations Act. Therefore, the NLRB will continue its national outreach program to educate the American public about the statute.” The NLRB’s website reinforces that under the National Labor Relations Act, most private sector employees have the right to:

• Organize a union to negotiate with employers concerning wages, hours, and other terms and conditions of employment.

• Form, join or assist a union.

• Bargain collectively through representatives of employees’ own choosing for a contract setting wages, benefits, hours, and other working conditions.

• Discuss terms and conditions of employment or union organizing with co-workers or a union.

• Engage in protected concerted activities with one or more co-workers to improve wages, benefits and other working conditions.

• Choose not to do any of these activities, including joining or remaining a member of a union.

Do not forget to attend our Seminar, “But We Do Not Have a Union – How the NLRB is Impacting Non-Union Workplaces,” on January 28 (Miami and via webinar) and January 29 (Boca Raton). Click here for details.