Two years ago, the NLRB published a rule requiring NLRA covered employers to post notices that inform workers of their right to join a union. The rule penalized violators with an unfair labor practice. Several employers filed lawsuits, claiming that the rule violated the NLRA and the First Amendment. The U.S. Court of Appeals for the District of Columbia Circuit recently vacated the entire posting rule, finding the rule violated the free-speech rights of employers under federal labor law. The court noted that, while the NLRA protects a union’s freedom of speech, it also protects an employer’s right not to speak. While the NLRB may challenge the ruling, for now, employers are not required to post the NLRB’s notice.
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D. C. Circuit upholds employer's First Amendment rights
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Senior Counsel Labor & Employment
AECOM Technology Corporation
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