D.C. Circuit Vacates NLRB Notice-Posting Rule

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Rule Required Most Private Sector Employers to Notify Employees of Labor Law Rights

The U.S. Court of Appeals for the D.C. Circuit has vacated the National Labor Relations Board (NLRB) rule requiring most private sector employers in the United States to post a notice of employees' labor law rights. National Ass'n of Mfrs. v. NLRB, No. 12-5068 (D.C. Cir. May 7, 2012). (We have discussed the rule in prior alerts that can be found here and here.)

The D.C. Circuit previously enjoined the NLRB's rule pending decision in this appeal. Now it has held that the notice-posting rule effectively compels employers to speak about employees' labor law rights in violation of a provision of the National Labor Relations Act (NLRA) that protects employers' rights to free speech about union issues.