The D.C. Circuit Court ruled Tuesday that requiring businesses to post a notice of workers’ rights to organize violates the employers’ right to free speech.
It reverses an August 2011 regulation set forth by the National Labor Relations Board (NLRB) that was meant to increase knowledge of employee rights to join a union, bargain collectively and strike. The poster also communicated to workers that their employers couldn’t punish them for unionizing and that unions couldn’t threaten them to organize, among other protections set forth in the National Labor Relations Act.
“American workers are being denied their rights by not being informed of their rights,” said IAM President Tom Buffenbarger. “We urge the NLRB to keep fighting and find a way to educate workers of their power in the workplace.”
The challenge of the notice-posting requirement was brought forth by a group of corporate interest groups including the National Association of Manufacturers, the National Right to Work Legal Defense and Education Fund and the National Federation of Independent Business. For now the NLRB will decide whether to appeal the ruling to the Supreme Court, issue a different kind of notice-posting requirement or postpone action until the new Board is confirmed by the Senate.
Click here to see the poster that was ruled unconstitutional by the D.C. Circuit Court.