In a victory for employers, the U.S. Court of Appeals for the D.C. Circuit has quashed the National Labor Relations Board's "posting requirement" rule, which the agency issued in August 2011.
The final rule, which has not gone into effect because of the legal dispute, requires most businesses to post notices in conspicuous places informing workers of their rights under the National Labor Relations Act (NLRA). Some of those rights include forming, joining or assisting a union as well as collectively bargaining through representatives of workers' own choosing. Under the rule, businesses failing to post the notice could be penalized for committing an unfair labor practice under the NLRA. Employers, led by the National Association of Manufacturers (NAM), said the posting requirement violated both the NLRA and the U.S. Constitution.