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Dairy Facts 2016

Appeals Court Strikes Down Labor Board Union Poster

May 09, 2013

A federal appeals court ruled on Tuesday that the National Labor Relations Board could not order private employers to post notices notifying workers of their right to form a union.

A three-judge panel in the U.S. Court of Appeals for the District of Columbia found that the NLRB rule would violate employers’ rights by forcing them to display the poster or face charges for having unfair labor practices. The rule had been on hold since 2011 because business groups challenged its legality and a federal court in South Carolina ruled last April that the board exceeded its authority.

“IDFA is pleased with the outcome of this case and that the court has upheld the employers’ free speech rights, which include the right not to speak,” said Clay Detlefsen, IDFA vice president of regulatory affairs. 

He warned, however, that the issue remains “very much in play” because Tuesday’s finding may be appealed and a parallel case in the Fourth Circuit Court of Appeals is still pending.

According to a report in The Wall Street Journal, an NLRB spokesperson said the board “will make a decision on further proceedings at the appropriate time.”

For more information, contact Detlefsen at

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