UPDATE - NLRB Proposed Notice-Posting Rule Is Upheld

You will remember my January 4, 2012 and October 13, 2011 posts about the multiple lawsuits that have been filed in court to strike down the NLRB's proposed notice-posting rule. That rule requires virtually every employer (unionized or not) to conspicuously post a notice to its employees of their rights under the National Labor Relations Act ("Act"), as well as information about contacts at the NLRB and enforcement provisions under the Act. The employers and trade associations that filed the lawsuits have argued that the NLRB exceeded its authority under the Act because it has no power to enact "general rules for the workplace", and that the NLRB violated an employer's First Amendment right to "refrain from speaking".