Murtha Means More

Appeals Court Throws Out NLRB Posting Rule

May 8, 2013

The United States Court of Appeals for the District of Columbia yesterday held that the National Labor Relations Board overstepped its authority when it issued a rule requiring employers to post notices explaining employee rights under the National Labor Relations Act. The rule, which the NLRB issued in August 2011, had been suspended pending several court challenges, but yesterday’s decision was the first Appeals Court decision on the issue. 

The NLRB may ask the Supreme Court to reverse the Appeals Court decision, but for now, employers do not have to post the NLRB notice. Click here to view a copy of the Court’s decision.

Federal contractors should be aware that an Executive Order requires them to post notices that are similar to the notices which the NLRB issued. Yesterday’s ruling does not directly impact that obligation.

If you would like further information, please contact Hugh F. Murray at 860.240.6077 or, or Michael C. Harrington at 860.240.6049 or

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