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May 7, 2013

D.C. Court of Appeals Strikes Down NLRB Workers' Rights
Posting Requirement

As we previously advised, the National Labor Relations Board ("NLRB") adopted a rule that was to be effective April 30, 2012 requiring all employers covered by the National Labor Relations Act ("NLRA"), regardless of union status, to conspicuously post a notice of employee rights under the NLRA -- specifically the rights to organize, bargain collectively, and engage in protected concerted activity, as well as the right to refrain from such activity.  Our Client Alert regarding the adoption of this rule is available at

On May 7, 2013, the District of Columbia Circuit Court of Appeals struck down the NLRB’s rule in its entirety, ruling that the NLRA “simply does not authorize the Board to impose on an employer a freestanding obligation to educate its employees on the fine points of labor relations law.”  National Association of Manufacturers v. NLRB, No. 12-5068 (D.C. Cir. May 7, 2013).

The D.C. Circuit decision marks the second time that a court has struck down the NLRB’s posting requirement.  Although no New York court has ruled on the issue, given the decision of the D.C. Circuit Court of Appeals,  we advise employers not to post the NLRB worker's rights notice pending further guidance from the courts, including the United States Supreme Court.   

Please do not hesitate to contact us with any questions.