May 2013

By: Joseph H. Laverty, Esq.

In another win for Employer rights, an appeals court on May 7, 2013 struck down a federal rule that would have required millions of businesses to put up posters informing workers of their right to form a union.

The poster rule would have required businesses to display an 11-by-17-inch notice in a prominent location explaining the rights of workers to join a union and bargain collectively to improve wages and working conditions.

The U.S. Court of Appeals for the District of Columbia said the National Labor Relations Board (NLRB) violated employers’ free speech rights in trying to force them to display the posters or face charges of committing an unfair labor practice.

This ruling is another victory for Employers. Earlier this year, the same appeals court threw into question hundreds of other NLRB decisions after finding that President Obama’s recess appointments to the board were unconstitutional. The Obama administration is appealing that decision to the U.S. Supreme Court. We will need to wait and see if the Obama administration appeals this ruling as well.