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 U.S. District Court of Appeals for the D.C. Circuit Court of Appeals reversed a lower court decision and struck down the regulation.
The Appeals court found the NLRB rule would violate employers’ first amendment rights by forcing the display of language that favors unionization. The posting notice issue is far from settled, however. Another challenge to the rule is pending before the Fourth Circuit Court of Appeals, which is hearing an NLRB appeal from a South Carolina federal district court that also struck down the rule.
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.
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