National Labor Relations Board Smacked Down in Court Once Again

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The Foundry: Conservative Policy News Blog from The Heritage Foundation by Elizabeth Slattery

Another “Hooray!” moment that the courts finally get it right!

This week, a federal appellate court struck down the National Labor Relations Board’s (NLRB) “poster rule,” finding that the agency does not have the authority to issue such a rule.

The poster rule requires more than 6 million employers to post notices at work informing employees of their rights under the National Labor Relations Act, undercutting employers’ free speech rights to engage in noncoercive speech about unionization. The NLRB threatened to make the failure to comply with the poster rule an unfair labor practice and evidence of an employer’s “antiunion animus” for claims before the NLRB.

In early May, the D.C. Circuit struck down the poster rule, finding that it violated the free speech rights of employers. This week, the Fourth Circuit agreed that the poster rule is invalid, finding that the NLRB exceeded its authority in issuing the rule. This is a much broader ruling, and the Fourth Circuit held that the NLRB’s role is limited to conducting representative elections and addressing unfair labor practice charges.

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