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Labor: NLRB’s posting requirement violated employers’ free speech rights

Analyzing the recent D.C. Circuit decision striking down the posting rule

Earlier this month, the D.C. Circuit struck down the National Labor Relations Board’s (NLRB) controversial posting rule, which would have required virtually all private sector employers to post notices informing employees of their rights under the National Labor Relations Act (NLRA), even in the absence of unfair labor practices.

In 2010, the NLRB issued a notice of proposed rulemaking, after which it received more than 7000 comments. As acknowledged by the NLRB itself, the majority of those comments weighed heavily against the rule. On Aug. 30, 2011, the board published the final rule. In addition to reciting the language of Section 7 of the NLRA, the notice, believed by many to be slanted in favor of unionization, also included a list of more specific employee rights the board derived from judicial and NLRB interpretations.

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Ruthie Goodboe

Ruthie Goodboe is a shareholder in the Detroit Metro office of Ogletree Deakins, an international labor and employment law firm representing management. She counsels and...

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