The rule requiring private employers to post the National Labor Relations Act (NLRA) poster has been rejected by a second federal appeals court, this time in the U.S. Court of Appeals for South Carolina.
The National Labor Relations Board (NLRB) lost its appeal of the case previously won by the U.S. Chamber of Commerce. The decision in this appeal is broader than in previous cases, holding that Congress did not grant the Board statutory authority to create notice requirements.
The poster rule was also struck down in May by the U.S. Court of Appeals for the District of Columbia in an appeal by the National Association of Manufacturers (NAM).
There is no deadline for the poster requirement, according to the NLRB, and the poster does not need to be posted. However, the issue is still not settled since the NLRB could appeal again – possibly to the U.S. Supreme Court.
Poster Compliance Center will continue to closely monitor the situation and advise employers of any significant future developments.
If you are tired of trying to keep up with the changing requirements for just this one poster, let us take care of all of your required labor law posters. To learn about our OneSystem with free automatic updates, go to our OneSystem 1-Year Compliance Plan page or call 800-322-3636.