In what could be its death blow, the federal D.C. Circuit Court of Appeals struck down the National Labor Relations Board’s rule requiring every employer to display posters explaining employees’ union and organizing rights.
After two federal trial courts invalidated the NLRB rule, the D.C. Circuit ruled that the Board exceeded its authority in mandating the employee-rights poster. The Fourth Circuit, governing Virginia, is also set to rule on the matter soon.
The rule would have required employers to display an 11″ by 17″ poster explaining employees’ rights regarding unionizing and exercising their right to concerted activity to complain about working conditions.
The Fourth Circuit may uphold the rule, which would create a split among the federal appeals courts and likely lead to a Supreme Court decision. If the Fourth Circuit strikes it down as well, though, it will almost certainly be the end of the line.