January 2, 2014 was the deadline for the National Labor Relations Board (NLRB) to file a petition with the U.S. Supreme Court to review the appellate court decisions. The NLRB chose not to file a petition, thus effectively abandoning the notice posting requirement. (Note that this does not impact the requirement under Executive Order 13496 that non-exempt federal contractors and subcontractors post a notice informing employees of their NLRA rights.) The NLRB’s website now notes: “Appellate courts have enjoined the NLRB’s rule requiring the posting of employee rights under the [NLRA]. However, employees are free to voluntarily post the notice.”
For more information on what this means for employers, please see the full Alert.
If you have any questions, please feel free to contact a member of MBBP’s Employment Law Group.