The National Labor Relations Board (NLRB) announced yesterday it will make no further efforts to revive a workplace posting rule that it had originally proposed in the fall of 2011. The rule required all union and non-union workplaces to post a detailed notice concerning worker rights, including the right to join unions, and the right to act together for mutual support. The rule was challenged immediately in two federal court lawsuits. The two Federal Courts of Appeal that heard the cases both held that the rule exceeded the NLRB’s proper authority and invalidated the rule.
In its announcement yesterday, the NLRB said it will not appeal either of those decisions to the United States Supreme Court. Therefore, for all intents and purposes, the posting rule is dead.
The NLRB also said in its announcement that it remains committed to improving the knowledge of the general public about worker rights under the National Labor Relations Act, such as the right to join unions and the right of all workers, including non-union workers, to engage in concerted activity, such as discussing and complaining about wages, benefits and other terms and conditions of employment. Toward that end, the NLRB encouraged public access to its website and to its free mobile app for iPhone and Android users.