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ARTICLE · 06 JUNE 2013

Federal Contractors Not Released From Notice Posting Requirement

Ford Harrison LLP
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Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's notice posting requirement means that private employers currently are relieved of this obligation, the ruling did not create a reprieve for federal contractors.

United StatesEmployment and HR
FordHarrison LLP
FordHarrison LLP
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Executive Summary:  Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's (NLRB's) notice posting requirement means that private employers currently are relieved of this obligation, the ruling did not create a reprieve for federal contractors. 

Executive Order 13496 requires non-exempt federal contractors and subcontractors to post a notice informing their employees of their rights under the National Labor Relations Act (NLRA).  In 2010, the Department of Labor issued a final regulation implementing this order.  See FordHarrison's Legal Alert, Federal Contractors to Post New Union Notice June 21, 2010, for more information on this requirement.  Although similar, this notice posting requirement is separate from the Board's.  The D.C. Circuit's opinion in National Association of Manufacturers v. NLRB held that Board's Notice Posting rule violates employers' free speech rights as protected by the First Amendment and §

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