Employers can be required to display union posters, judge rules

Share this content:

The National Labor Relations Board was deemed to be within its legal rights with its requirement that employers post notices about unionization rights, a U.S. district judge has ruled.

The NLRB's rule, which long-term care groups have long opposed, requires employers to display notices about collective bargaining rights. The court's ruling, however, does limit how the NLRB enforces the rule. It cannot “make a blanket advance determination that a failure to post [the notice] will always constitute an unfair labor practice,” though it can be considered in individual cases, District Judge Amy Berman Jackson wrote in her ruling.

Labor groups cheered her decision, while disappointed business groups argue that the posters are one-sided and encourage unionization. Additionally, Berman Jackson declined to hear legal challenges to President Obama's controversial NLRB recess appointments.

National Association of Manufacturers President and CEO Jay Timmons said the group would appeal.

“The board has grossly overstepped its authority, and the NAM will enter every arena necessary, including the courts, to protect manufacturers and rein in this rogue agency,” he said in a statement.

Click here to read the court's opinion.