Court of Appeals Strikes Down NLRB “Poster Rule”

In a victory for NAHB, the U.S. Court of Appeals for the District of Columbia on May 7 struck down a National Labor Relations Board (NLRB) rule that would have required millions of employers across the nation to place 11-inch by 17-inch posters in a prominent area in their workplace informing employees of their right to form a union, and that a failure to so post would be considered an unfair labor practice. The Court of Appeals Ruled that the NLRB lacked authority to promulgate such a rule because section 8(c) of the National Labor Relations Act provides that the dissemination (or non-dissemination) of non-threatening speech shall not be considered an unfair labor practice.

NAHB is a member of the Coalition for a Democratic Workplace, which was a party to the case. NAHB and other business organizations maintained that the poster rule violated free speech rights, and amounted to little more than an imposed advertisement for union membership.

For more information, email David Crump at NAHB or call him at 800-368-5242 x8491, or Suzanne Beallsbeall@nahb.org at NAHB at x 8407.