Manufacturers defeat ‘poster rule’ in court

In May, the U.S. Court of Appeals invalidated a new National Labor Relations Board (NLRB) rule requiring employers to post certain labor laws in the workplace. The “poster rule” orders the National Association of Manufacturers’ nearly 6 million employers to prominently display an 11×17-inch poster explaining workers’ rights to unionize, bargain collectively and strike. The rule also mandates these rights be displayed prominently on company intranet sites. The National Association of Manufacturers (NAM), on behalf of its members, took the NLRB’s rule to the D.C. District Court, where Senior Circuit Judge Randolph determined the NLRB was within its rights to make the rule, but struck down two provisions. The NAM then successfully appealed the decision to the U.S. Court of Appeals in Washington, D.C. The court held that the NLRB did not have the authority to enforce posting in the workplace, and struck down the remainder of the rule. The NLRB may still appeal the decision to the U.S. Supreme Court.