Court Denies NLRB Request to Rehear Poster Rule

The legal challenge over the 2010 National Labor Relations Board (NLRB) regulation requiring most private-sector employers to post notices of an employee's right to unionize could be headed to the Supreme Court after the Fourth Circuit Court of Appeals denied the NLRB's recent bid for a rehearing on the matter. The court denied the request without issuing a written decision or explaining the rejection.

Earlier this year, the Fourth Circuit found that the NLRB lacked the authority to issue the poster requirement.

In a separate legal challenge, the U.S. District Court of Appeals also struck down the regulation after it found the NLRB rule would violate employers’ first amendment rights by forcing the display of language that favors unionization.

For now, employers are free from displaying the NLRB poster informing their employees of their rights to unionize. The rule exempted very small retail employers with a “gross annual volume of business” of less than $500,000.



This article originally ran in NATSO News, NATSO's member only weekly electronic newsletter. NATSO News is packed with the latest updates on government and business issues affecting the truckstop and travel plaza industry.

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