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NLRB Declines Final Effort to Pursue Union Poster Rule

Jan 08, 2014


In a victory for all employers, including IDFA members, the National Labor Relations Board stepped away from its three-year effort to require companies to post notices notifying workers of their right to form a union.

In separate cases decided last year, two federal appeals courts ruled that the NLRB rule amounted to agency overreach. NLRB had until this past Monday to appeal these decisions to the Supreme Court, but declined.

Last year, 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 this outcome, especially since the final ruling upheld the employers’ free speech rights, which include the right not to speak,” said Clay Detlefsen, IDFA vice president of regulatory affairs.

For more information, contact Detlefsen at

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