By:  Ashley K. Laken, Esq.
As of January 2, the NLRB’s controversial and much-litigated poster rule (which we have reported extensively on, see, e.g., here, herehere, and here) appears to be dead once and for all.
The rule, which was promulgated by the Board in August 2011, would have required both unionized and non-unionized employers to post a notice spelling out the rights of employees under the National Labor Relations Act to organize and engage in other concerted activity. The rule was controversial from its inception, drawing over 7,000 submissions (mostly negative) during the public comment period.
The rule was scheduled to take effect on April 30, 2012, but in mid-April 2012, the U.S. Court of Appeals for the D.C. Circuit stayed the implementation of the rule pending its decision in a case challenging the rule. The D.C. Circuit ultimately invalidated the rule in May 2013, and in September 2013, it dismissed the Board’s petition to review that decision.
On a parallel track, in June 2013, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s ruling that the Board overstepped its authority by issuing the rule. In August 2013, the Fourth Circuit denied the Board’s petition for a rehearing of that decision.
January 2nd was the deadline for the Board to file a petition asking the U.S. Supreme Court to review both cases. The Board did not file any such petition. This would appear to put an end to the litigation over the rule and the rule itself, and signifies an important victory for employers.