You may not have to post those NLRB union rights posters (described previously here) after all.
Late last week, a federal court rejected the NLRB’s requirement that employers post a notice of employee rights under the National Labor Relations Act.
In Chamber of Commerce of the United States v. NLRB, the court ruled that the NLRB lacks the authority to impose the rule because it is not truly “necessary” and is more proactive than reactive. It stated that the NLRB does not have “limitless power to write new law” and found “not a single trace of statutory text … indicates Congress intended for the Board to proactively regulate employers in this manner.”
Um, Didn’t Another Court Say The Exact Opposite?
Basically, yes. Last week’s ruling is in direct opposition to another federal court ruling last month.
So What Should Employers Do?
Basically, wait. The NLRB will most certainly appeal this ruling. The earlier ruling is also being appealed.
As of now, the official deadline for posting the notice is still technically April 30. The NLRB has already postponed that deadline twice and could postpone it yet again, given this most recent ruling.