NLRB Will Not Seek Supreme Court Ruling on Court-Invalidated Poster Rule
Last year, both the U.S. Court of Appeals for the 4th Circuit and the U.S. Court of Appeals for the District of Columbia found the NLRB lacked statutory authority to issue a controversial rule requiring nearly 6 million business to post notices of workers’ rights to organize under the National Labor Relations Act in the workplace. Along with the National Association of Manufacturers, the National Right to Work, the National Federal of Independent Businesses, and the Coalition for a Democratic Workplace (CDW) – of which IEC is a member – all participated in the D.C. Court of Appeals challenge.
Following the lower courts’ decisions, the Board’s only recourse to pursue further action on the rule was to request a review by the U.S. Supreme Court. The NLRB was given until January 2, 2014, to file a petition with the Court or ask for additional time but failed to do so before the deadline.
With time for action expired, the poster rule has effectively been left dead by the Board, which is legally unable to reissue the rule without the reversal of the lower courts’ decisions by the Supreme Court.
IEC celebrates this victory championed by the work of the CDW and other groups that were party to both challenges.