D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid

Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.

On May 7, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in National Association of Manufacturers v. National Labor Relations Board, striking down the National Labor Relations Board's (NLRB's or Board's) so-called "Notice Rule."¹ The Notice Rule was published by the NLRB on August 25, 2011, and would have required all employers subject to the National Labor Relations Act (NLRA) to post a notice informing employees of their rights under the NLRA.² The court's decision means employers will not have to post the notice for the foreseeable future—or perhaps ever—and raises substantial questions about the Board's ability to implement other rules, such as the new "quickie" election rules that it attempted to impose in 2012.