The U.S. Court of Appeals recently invalidated the NLRB’s Notice Posting Rule. In its decision, the U.S. Court of Appeals stated: “[I]t is also without question that the Board if free to post the same message [that is on the poster at issue] on its website.” This rule would have required many employers in the private sector to post a notice on employee rights in the workplace. While the NLRB has decided not to seek a review by the Supreme Court of this decision by the U.S. Court of Appeals, the NLRB will continue in its efforts to educate the American public about their rights to organize.
The poster specifically addresses the rights of private sector employees to:
- Organize a union to negotiated with employers concerning wages, hours, and other terms and conditions of employment.
- Form, join or assist a union.
- Bargain collectively through representatives of employees’ own choosing for a contract setting wages, benefits, hours, and other working conditions.
- Discuss terms and conditions of employment or union organizing with co-workers or a union.
- Engage in protected concerted activities with one or more co-workers to improve wages, benefits and other working conditions.
- Choose not to do any of these activities, including joining or remaining a member of a union.
Unions are determined to make the distribution of union organizing information as easy as possible. So in addition to the workplace poster being available on the NRLB website, there is a free NLRB mobile app for iPhone and Android users. And we know that unions will continue to adopt new media so as to connect with all potential union members.