D.C. Circuit invalidates NLRB posting requirement

Requiring businesses to post notices of employees’ rights violates freedom of speech, court rules

The D.C. Circuit struck another blow to the National Labor Relations Board (NLRB) on Tuesday, when it found that the board could not require businesses to post notices informing employees of their right to unionize.

In January, the D.C. Circuit invalidated President Obama’s recess appointments to the NLRB, throwing it into a state of uncertainty. This latest decision invalidates one of the NLRB’s biggest pro-labor pushes before that happened.

The court wrote that the right to freedom of speech "necessarily protects ... the right of employers (and unions) not to speak." As long as the business isn’t threatening employees, federal law prohibits the NLRB from disciplining it for any speech or lack thereof, the court unanimously ruled. This means that businesses will not have to post the notices that the NLRB mandated in 2011.

Read more at Thomson Reuters.

 

For more NLRB coverage on InsideCounsel, see below:

Labor: The NLRB will not be ignored

Target handbook unlawfully discouraged union activity, NLRB says

D.C. Circuit dismisses NLRB charges against medical center

Cases pit Native American sovereignty against NLRB authority

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