US Appeals Court Invalidates NLRB Poster Rule

Three-judge panel strikes down rule on grounds that the National Labor Relations Board overstepped its authority under law

Associated Builders Logo 10944172

Associated Builders and Contractors (ABC) today welcomed a decision by the U.S. Court of Appeals for the D.C. Circuit to invalidate the National Labor Relations Board’s (NLRB) “notification of employee rights” notice posting rule. A three-judge panel struck down the rule on the grounds that the NLRB had overstepped its authority under law. ABC General Council Maurice Baskin, a shareholder with Littler, argued the case before the appeals court.

“This is great news for employers and employees alike,” stated ABC Vice President of Federal Affairs Geoff Burr. “The NLRB’s notice posting rule is a perfect example of how the pro-union board has abandoned its role as a neutral enforcer and arbiter of labor law.

“The poster was flawed from the beginning when it only detailed how workers have the right to join a union but omitted their rights to decertify a union,” Burr added.

Today’s action by the U.S. Court of Appeals for the D.C. Circuit supports a decision issued in April 2012 by the U.S. District Court for South Carolina, stating that the NLRB does not have the statutory authority to require business owners to post a biased poster.