Wyatt Employment Law Report


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NLRB Notice Posting Regulation is Dead

By Edwin S. Hopson

Previously, the U.S. Court of Appeals for the D.C. Circuit in National Association of Manufacturers et al. v. National Labor Relations Board, et al., __ F.3d __, Civil Nos. 12-5068, 12-5138 (D.C. Cir. 2013), had invalidated the NLRB’s regulation issued in 2011 requiring all employers (whether they had a union or not) subject to the National Labor Relations Act (NLRA), estimated at some 6 million businesses, to post an NLRB notice to employees regarding employee rights under the NLRA.  On September 4, 2013, that court denied a petition by the NLRB for rehearing in the case. The time for seeking U.S. Supreme Court review has now passed with no appeal by the NLRB.

According to a recent Huffington Post news report, the NLRB has decided not to fight this battle any further.  Also quoted in the Huffington Post report was the President of the National Association of Manufacturers, who stated:

“Manufacturers start off the new year with great news in our fight against an overreaching NLRB. This is the culmination of the NAM’s aggressive legal pursuit against a government-imposed regulation that would create a hostile work environment while injecting politics into manufacturers’ day-to-day business operations.”