National Labor Relations Board lawyers are trying to revive a rule that forced businesses to post signs explaining workers’ rights to form a union. The Fourth Circuit Court of Appeals threw out the NLRB’s rule in May, saying it violated management’s First Amendment rights.
In a July 22 court filing, the NLRB asked the full court to reconsider its ruling. A three-judge panel had made the earlier ruling.
Should the court decline to strike down its own panel’s ruling, the next step would be an appeal to the Supreme Court.
The rule was officially called the "Notification of Employee Rights Under the National Labor Relations Act.” It said that if businesses did not prominently post signs explaining worker rights to form a union, that constituted a “hostile work environment” and could lead to sanctions. In effect, it required businesses to make union organizing easier.
The Chamber of Commerce challenged the rule, leading to the court’s May ruling. The NLRB is contesting the court’s claim that management has a “right to silence” regarding workplace communications.