The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two appeals court decisions against a posting rule, and probusiness groups are claiming victory.
In 2011, the NLRB issued a rule that would have required all employers under Board jurisdiction—including nonunion employers—to display a poster explaining that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from those activities. The rule was never implemented because of court challenges.
The U.S. Court of Appeals for the District of Columbia Circuit ruled against the poster requirement in May 2013, and the 4th Circuit did the same in June.
The deadline for the NLRB to seek Supreme Court review passed on January 3, and the Board announced on January 6 that it had decided against going to the high court.
When the deadline passed, National Right to Work Foundation President Mark Mix issued a statement praising the development. “By promulgating this sweeping new requirement, the NLRB clearly overstepped its statutory authority in a heavy-handed attempt to force more workers into forced unionism ranks,” he said. “The NLRB’s rule would have required almost every job provider in America to post biased, one-sided notices about workers’ rights.”
Jay Timmons, president and CEO of the National Association of Manufacturers (NAM), also praised the demise of the poster rule. “Manufacturers start off the new year with great news in our fight against an overreaching NLRB,” he said. “This is the culmination of the NAM’s aggressive legal pursuit against a government-imposed regulation that would create a hostile work environment while injecting politics into manufacturers’ day-to-day business operations.”