DC Circ. Strikes Down NLRB Union Poster Rule

By Abigail Rubenstein (May 7, 2013, 2:14 PM EDT) -- The D.C. Circuit on Tuesday vacated the National Labor Relations Board's controversial rule requiring employers to display posters about workers' right to unionize, finding the rule unenforceable under federal labor law.

The appeals court's opinion, penned by A. Raymond Randolph, sidestepped the question of whether the board had the authority to mandate the poster under Section 6 of the National Labor Relations Act, which gives the board the power to issue rules necessary to carry out the act's other provisions. Instead, the D.C. found that the rule could not survive because of Section 8(c), which states that the expression or dissemination...

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