National Association of Manufacturers v. NLRB: D.C. Circuit Finds Posting Rule Violates 1st Amendment

In a shocking decision out of the D.C. Circuit, three Republican-appointed judges held that the 1st Amendment to the U.S. Constitution and Section 8(c) of the National Labor Relations Act prohibit the NLRB from enforcing a requirement that employers post a notice informing employees of their rights under the National Labor Relations Act (see our previous blog posts on this rule).

Given the myriad of state and federal government required postings in today’s world from fast food menus to workplace bulletin boards, this decision could have far reaching implications if it withstands an appeal.  The most immediate impact, of course, is that the NLRB is deprived of yet another tool solely intended to inform employees that they have the right to form and participate in (or not participate in) a union and to better exercise their other statutorily protected rights.

We will update the blog with further discussions on this issue soon. Stay tuned.