Arguments challenging the National Labor Relations Board’s (NLRB) pro-union posting-notice requirement were recently heard in a federal appeals court.

The rule, requiring employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA), was supposed to take effect on April 30. 

A U.S. District Court judge ruled, however, that the NLRB can require employers to post the notice but struck down the portion of the rule that deemed an employer’s failure to comply with the posting requirement to be an unfair labor practice.

Business groups continue to argue that the posters are an unfair government effort to promote union organizing. 

National Association of Manufacturers President and CEO Jay Timmons has called the posting requirement “an unprecedented attempt by the board to assert power and authority it does not possess.”

A decision from the three-judge panel is likely to be announced in late November or December, and implementation of the final rule is delayed pending the outcome of the appeal.

For more information, contact CBIA’s Eric Gjede at 860.244.1931 or eric.gjede@cbia.com.